Tactical Game Systems
Solar War User Agreement and Game License - Version 2.0
The intent of this document is to state the conditions under which this Game Package (Solar War v1.0 Basic Edition) may be distributed, such that the Copyright Holder maintains control over the Game Package, while giving the Users of the Game Package the right to use and distribute the Game Package, provided no fee is charged for distribution of the Game Package.
Definitions:
a.) “Basic Edition" refers to the Game Package (Solar War v1.0 Basic Edition) if it has not been modified by users.
b.) “Contributor” means those who have modified the Game Content, excluding the Copyright Holder.
c.) "Copyright Holder" is Dave Garacci and Tactical Game Systems.
d.) "Derivative Material" means copyrighted material including derivative works and translations, notation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted.
e.) "Distribute" means to reproduce, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute.
f.) "Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.
g.) “File” includes the digital file used to transfer the Game Package, as well as printed versions of the Game Package.
h.) “Game Content” means the Basic Edition game rules and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity, and includes any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity.
i.) "Game Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through modification by the Copyright Holder. (In this specific case, the Basic Edition of the Solar War 1.0 Rules, Cards, and Models is the Game Package).
j.) “Modified Version" refers to the Game Package if it has been modified without following the guidelines of the Copyright Holder.
k.) “Product Identity” is defined as the product and product line names, logos and identifying marks including trade dress, artifacts, characters, stories, storylines, chronology, 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, personalities, teams, personas, likenesses and special abilities, places, locations, environments, alien races, equipment, logos, symbols, or graphic designs, and any other trademark or registered trademark.
l.) "Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on.
m.) “Rules” are the basic building blocks of the Game Content, used to control the action of the game. This includes any written materials included with the Basic Edition, excluding Product Identity.
n.) "Trademark" means the logos, names, mark, sign, motto, designs that are used by the Copyright Holder to identify itself or its products or the associated products contributed to the Game Package.
o.) "Use" means to use, distribute, copy, edit, format, modify, translate the game package.
p.) "You" is you, if you're thinking about playing, copying, modifying, or distributing the Solar War 1.0. Basic Edition.
1. The License. This License applies to the Game Package and any Game Content that contains a notice indicating that the Game Content may only be Used under and in terms of this License. You must affix such notice to any Game Package copies that You make. 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 Game Content distributed Using this License.
2. Offer and Acceptance. By Using the Game Content you indicate your acceptance of the terms of this License.
3. Copies. You may make and give away verbatim copies of the Basic Edition of this Game Package without restriction, provided that You duplicate all of the original Copyright Notices and associated disclaimers (including this agreement).
4. Rules Modifications. You may apply Your own modifications (and those derived from the Public Domain) to the Rules of the Basic Edition Game Package for your own use; this excludes any Product Identity content. A Game Package modified in such a way shall be considered a Modified Version for Your own Use, and may not distributed.
5. Other Modifications. You may not modify Your copy of the Rules of this Game Package, if intended for distribution, duplication, or inclusion in the public domain. Further more, any translation of the Game Package must include this license, and clearly state the Copyright Holder and its contact information.
6. Contributing Copyright. Rule modifications developed by You do not automatically fall under the copyright of this Game Package, and are considered to fall under the Contributors’ copyright. However, they may be aggregated with this Game Package by the Copyright Holder at any time, and by accepting this license you are agreeing to said Use.
7. Inclusion in Basic Edition. Rule modifications supplied by You and developed for this Game Package shall not be automatically considered part of this Basic Edition, and must be reviewed by the Copyright Holder before inclusion into the Basic Edition of the Game Package.
8. Distribution. You may Distribute this Game Package, provided that You do at least ONE of the following:
a) distribute a Basic Edition of the game, together with instructions on where to get the Basic Edition, including all of the original copyright notices and associated disclaimers (including this agreement).
b) make other distribution arrangements with the Copyright Holder.
9. Freely Available Distribution. You may charge a reasonable copying fee for any distribution of this Game Package. You may not charge a fee for this Game Package itself. However, you may distribute this Game Package in aggregate with other (possibly commercial) game packages as part of a larger (possibly commercial) game distribution provided that you do not advertise this Game Package as a product of your own, that the Copyright Holder is contacted to discuss distribution arrangements, and that all of the original copyright notices and associated disclaimers (including this agreement) are included.
10. Notice of License Copyright. You must include the exact text of the Copyright Notice of any Game Content you are copying or distributing, and you must add the title, the copyright date, and the copyright holder's name to the Copyright Notice of any original Game Content you distribute.
11. Use of Product Identity. You agree not to use 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 in conjunction with work containing Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark. The use of any Product Identity in a Modified Version of the Game Package does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Modified Game Content shall retain all rights, title and interest in and to that Product Identity.
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 Game Content due to statute, judicial order, or governmental regulation then You may not Use any Game Material so affected.
13. Future Release. The Copyright Holder reserves the right to distribute the Game Package at any time for a reasonable fee, when providing additional Rules modifications or any other modifications to the Game Package. This additional information may include Rules modifications from non-standard Basic Edition or Modified Versions of the Game Package.
14. Endorsements. The name of the Copyright Holder may not be used to endorse or promote products derived from this Game Package without specific prior written permission.
15. 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.
16. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
17. COPYRIGHT NOTICE. Solar War Game License v 2.0 Copyright 2007, Tactical Game Systems
Tactical Game Systems
Solar War Trademark License v 1.0
By opening (or downloading) the Game Package, the Licensee ("You") accepts to be bound by the following terms and conditions:
1. Copyright & Trademark
Dave Garacci and Tactical Game Systems retains title and ownership of the Solar War trademark graphics, Product Identity, and all other copyrights and trademarks claimed by Tactical Game Systems.
2. License to Use
You are hereby granted the non-transferable, non-exclusive, non-sublicensable, royalty-free license to use the Solar War Game Package and Solar War trademark, and certain other trademarks and copyrights owned by Tactical Game Systems (the "Licensed Articles") in accordance with the conditions specified in the current version of this License and the Solar War User Agreement and Game Content License v2.0.
3. Agreement not to Contest
By making use of and/or distributing material using the Solar War trademark under the terms of this License, You agree not to contest the ownership of the Licensed Articles.
4. Quality Standards
The nature of all material You use or distribute that incorporates the Licensed Articles must comply with all applicable laws and regulations, as well as community standards of decency. You must use Your best efforts to preserve the high standard and goodwill of the Licensed Trademarks. In order to assure the foregoing standard and quality requirements, Tactical Game Systems shall have the right, upon notice to You, to review and inspect all material released by You that uses the Licensed Articles. You shall fully cooperate with Tactical Game Systems to facilitate such review and inspection, including timely provision of copies of all such materials to Tactical Game Systems. Tactical Game Systems may terminate this License immediately upon attempted notice to you if it deems, in its sole discretion, that your use of the Licensed Articles does not meet the above standards.
5. Termination for Breach
In the event that You fail to comply with the terms of this License, You will be considered to be in breach of this License. Tactical Game Systems may terminate this License without written notice to You.
6. Effects of Termination
Upon termination, You shall immediately stop all use of the Licensed Articles and will destroy any inventory or marketing material in Your possession bearing the Solar War trademark. You must instruct any company or individual that You are or become aware of who is in possession of any materials distributed by You bearing the Solar War trademark to destroy those materials. You will solely bear any costs related to carrying out this term of the License.
7. Penalty for Failure to Comply with Termination Instructions
If You fail to comply with the Effects of Termination, Tactical Game Systems may, at its option, pursue litigation, for which You shall be responsible for all legal costs, against You to the full extent of the law for breach of contract, copyright and trademark infringement, damages and any other remedy available.
8. Updates
Tactical Game Systems may issue updates and/or new releases of the Solar War trademark without prior notice. You will, at the earliest possible opportunity, update all material distributed by You to use the updated and/or new version of the Solar War trademark.
9. Changes to Terms of the License
Tactical Game Systems may issue updates and/or revisions to this License without prior notice. You will conform in all respects to the updated or revised terms of this License. Subsequent versions of this License will bear a different version number.
10. Notices to Licensor:
Tactical Game Systems
P.O Box
Milwaukee, WI 53217
11. No maintenance or support
Tactical Game Systems shall have no obligation whatsoever to provide You with any kind of maintenance or support in relation to the Solar War trademark.
12. No Warranty / Disclaimer
THE SOLAR WAR TRADEMARK IS MADE AVAILABLE ON AN "AS IS" BASIS. TACTICAL GAME SYSTEMS DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR PURPOSE, USE OR MERCHANTABILITY.