Plan for Jeff Tunnell
by Jeff Tunnell · 08/01/2002 (3:25 pm) · 4 comments
If you have ever seen an example of a EULA that is not lawyer crap and that does not ask for the player's first born as collateral to playing the game, please point me in the right direction.
Here are some of the points that I think need to be in a EULA:
1. Have Fun!
2. Please don't give away the game to other people.
3. It is OK to use the game on as many computers as you have in your household or on your portable or on your computer at your workplace.
4. The game may have bugs.
5. Don't rent the game to other people.
6. Use the product at your own risk.
An interesting article on EULAs is here: Adrenaline Vault EULA article.
Here are some of the points that I think need to be in a EULA:
1. Have Fun!
2. Please don't give away the game to other people.
3. It is OK to use the game on as many computers as you have in your household or on your portable or on your computer at your workplace.
4. The game may have bugs.
5. Don't rent the game to other people.
6. Use the product at your own risk.
An interesting article on EULAs is here: Adrenaline Vault EULA article.
About the author
#2
I'd just say write it yourself with as precise language as possible and then check with your lawyer on how it'll hold up should you ever have to go to court over it. It's possible to write lawyerly prose without making it indecipherable; personally it always sounds like the EULAs I skim have been copied-and-pasted from one another, but that's just me...
08/01/2002 (5:49 pm)
As unfortunate as it is, you probably have to get the legalese in so the thing can hold up in court. However to get around this, you might want to put an explanatory note that "translates" the EULA in a friendly fashion, basically the six points you listed. You should remember to say that the "translation" isn't the real thing and isn't meant to be used in a court of law...but then you get right back at the ugly legalese you were trying to eliminate in the first place.I'd just say write it yourself with as precise language as possible and then check with your lawyer on how it'll hold up should you ever have to go to court over it. It's possible to write lawyerly prose without making it indecipherable; personally it always sounds like the EULAs I skim have been copied-and-pasted from one another, but that's just me...
#3
===========================================
This Software Licensing Agreement ("Agreement") is a legal agreement between you and Monster Studios ("Monster"). By installing this Software, by loading or running the Software, by placing or copying the Software onto your hard drive, or by distributing the Software, you agree to be bound by the terms of this Agreement. These are the only terms by which Monster permits copying or use.
Monster Studios LICENSE AGREEMENT FOR Chain Reaction
General terms:
1. THE SOFTWARE.
The Software licensed under this agreement is the computer program Chain Reaction, which consists of executable files, data files, and documentation.
2. GRANT OF LICENSE.
Monster grants you the right to use the Software in accordance with the terms of this Agreement. You may load the software into RAM as well as install it on a hard disk or other storage device. You may not modify, translate, disassemble, reverse engineer, decompile, or create derivative works based upon the Software. You agree that the Software will not be shipped, transferred, or exported into any country in violation of the U.S. Export Administration Act and that you will not utilize the Software in violation of any applicable law.
2.1. SHAREWARE VERSION LICENSE.
You may distribute copies of the shareware version of the Software freely to other users, provided that any copy must contain the original, unaltered files and proprietary notices. You have the ability to register the shareware version at any time by purchasing the full version from Monster
2.2. REGISTERED VERSION LICENSE.
When you purchase the Software, you will receive the full registered version. You agree not to distribute the registered version to others and to use it only for your own personal use. You acknowledge that distribution of the registered version to others, whether intentional or unintentional, could damage Monster both financially and professionally. Any unauthorized distribution of your registered version will result in immediate and automatic termination of your license.
3. COPYRIGHT.
The Software is owned by Monster and is protected by United States copyright laws and international treaties. You must treat the Software like any other copyrighted material, except that you may make copies of the shareware version of the Software to give to other persons under the terms of this Agreement. You may not distribute copies of the registered version to others. Except as expressly licensed by Monster in writing, Monster reserves the exclusive copyright and all other rights, title and interest to distribute the Software, and to use Trademarks in connection with them. "Trademarks" refers to the name of the Software, the name Monster, and the Monster logo, which are trademarks of Monster
4. NO WARRANTY.
THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. MONSTER STUDIOS WILL PROVIDE NO REMEDY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
5. TERM.
The term of this license grant is perpetual. You may terminate this Agreement at any time by destroying all copies of the Software in your possession. Your license to use the Software will automatically terminate if you breach the terms of this Agreement.
6. GENERAL PROVISIONS.
This Agreement is the sole and entire Agreement relating to the subject matter hereof, and supercedes all prior understandings, agreements, and documentation relating to such subject matter. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement will be governed by the laws of the State of Oregon. With respect to every matter arising under this Agreement, you consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Eugene, Oregon, and to service by certified mail, return receipt requested, or as otherwise permitted by law. This Agreement does not create any agency or partner relationship. Your rights under this Agreement are personal and do not include any right to sublicense the Software. This Agreement may be terminated by Monster by giving a 30-day advance written notice.
7. DISTRIBUTION.
Monster allows and encourages all web sites, on-line services, shareware disk vendors, CD-ROM vendors, bulletin board systems, and end-users to freely distribute the shareware version of this Software. If you wish to distribute the Software, you may obtain the most recent version from www.monsterstudios.com. It is generally not necessary to contact Monster for authorization, and you may begin offering the shareware version immediately.
Thank you for using this Software in accordance with the terms of this Agreement.
08/02/2002 (7:20 am)
This is an example of a EULA that I found that seems to cover most everything I wanted. It has a provision also for a shareware or "demo" version, which is freely distributable. I'm not sure that is something that you want, but it is something that we want. Last, it mentions a location for jurisdiction that needs to be filled in.===========================================
This Software Licensing Agreement ("Agreement") is a legal agreement between you and Monster Studios ("Monster"). By installing this Software, by loading or running the Software, by placing or copying the Software onto your hard drive, or by distributing the Software, you agree to be bound by the terms of this Agreement. These are the only terms by which Monster permits copying or use.
Monster Studios LICENSE AGREEMENT FOR Chain Reaction
General terms:
1. THE SOFTWARE.
The Software licensed under this agreement is the computer program Chain Reaction, which consists of executable files, data files, and documentation.
2. GRANT OF LICENSE.
Monster grants you the right to use the Software in accordance with the terms of this Agreement. You may load the software into RAM as well as install it on a hard disk or other storage device. You may not modify, translate, disassemble, reverse engineer, decompile, or create derivative works based upon the Software. You agree that the Software will not be shipped, transferred, or exported into any country in violation of the U.S. Export Administration Act and that you will not utilize the Software in violation of any applicable law.
2.1. SHAREWARE VERSION LICENSE.
You may distribute copies of the shareware version of the Software freely to other users, provided that any copy must contain the original, unaltered files and proprietary notices. You have the ability to register the shareware version at any time by purchasing the full version from Monster
2.2. REGISTERED VERSION LICENSE.
When you purchase the Software, you will receive the full registered version. You agree not to distribute the registered version to others and to use it only for your own personal use. You acknowledge that distribution of the registered version to others, whether intentional or unintentional, could damage Monster both financially and professionally. Any unauthorized distribution of your registered version will result in immediate and automatic termination of your license.
3. COPYRIGHT.
The Software is owned by Monster and is protected by United States copyright laws and international treaties. You must treat the Software like any other copyrighted material, except that you may make copies of the shareware version of the Software to give to other persons under the terms of this Agreement. You may not distribute copies of the registered version to others. Except as expressly licensed by Monster in writing, Monster reserves the exclusive copyright and all other rights, title and interest to distribute the Software, and to use Trademarks in connection with them. "Trademarks" refers to the name of the Software, the name Monster, and the Monster logo, which are trademarks of Monster
4. NO WARRANTY.
THE SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. MONSTER STUDIOS WILL PROVIDE NO REMEDY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
5. TERM.
The term of this license grant is perpetual. You may terminate this Agreement at any time by destroying all copies of the Software in your possession. Your license to use the Software will automatically terminate if you breach the terms of this Agreement.
6. GENERAL PROVISIONS.
This Agreement is the sole and entire Agreement relating to the subject matter hereof, and supercedes all prior understandings, agreements, and documentation relating to such subject matter. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement will be governed by the laws of the State of Oregon. With respect to every matter arising under this Agreement, you consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Eugene, Oregon, and to service by certified mail, return receipt requested, or as otherwise permitted by law. This Agreement does not create any agency or partner relationship. Your rights under this Agreement are personal and do not include any right to sublicense the Software. This Agreement may be terminated by Monster by giving a 30-day advance written notice.
7. DISTRIBUTION.
Monster allows and encourages all web sites, on-line services, shareware disk vendors, CD-ROM vendors, bulletin board systems, and end-users to freely distribute the shareware version of this Software. If you wish to distribute the Software, you may obtain the most recent version from www.monsterstudios.com. It is generally not necessary to contact Monster for authorization, and you may begin offering the shareware version immediately.
Thank you for using this Software in accordance with the terms of this Agreement.
#4
08/02/2002 (2:40 pm)
I agree with the above. A EULA without legalese simply can't stand up in court if the need arises, not to mention I want the game I'm making to have every aspect covered legally. A messy EULA can be quite a problem. 
Torque Owner Matthew Shapiro
--KallDrexx