Appendix Five: Open Game License and acknowledgement of its copyright
OPEN GAME LICENSE Version 1.0a
The
following text is the property of Wizards of the Coast, Inc. and is
Copyright 2000 Wizards of the Coast, Inc (“Wizards”). All Rights
Reserved.
1. Definitions: (a)”Contributors” means the copyright
and/or trademark owners who have contributed Open Game Content;
(b)”Derivative Material” means copyrighted material including derivative
works and translations (including into other computer languages),
potation, modification, correction, addition, extension, upgrade,
improvement, compilation, abridgment or other form in which an existing
work may be recast, transformed or adapted; (c) “Distribute” means to
reproduce, license, rent, lease, sell, broadcast, publicly display,
transmit or otherwise distribute; (d)”Open Game Content” means the game
mechanic and includes the methods, procedures, processes 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. (e)
“Product Identity” means product and product line names, logos and
identifying marks including trade dress; artefacts; creatures
characters; stories, storylines, 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; (f)
“Trademark” means the logos, names, mark, sign, motto, designs that are
used by a Contributor to identify itself or its products or the
associated products contributed to the Open Game License by the
Contributor (g) “Use”,”Used” or “Using” means to use, Distribute, copy,
edit, format, modify, translate and otherwise create Derivative Material
of Open Game Content. (h) “You” or “Your” means the licensee in terms
of this agreement.
2. The License: This License applies to any
Open Game Content that contains a notice indicating that the Open Game
Content may only be Used under and in terms of this License. You must
affix such a notice to any Open Game Content that you Use. 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 Open
Game Content distributed using this License.
3. Offer and Acceptance: By Using the Open Game Content You indicate Your acceptance of the terms of this License.
4.
Grant and Consideration: In consideration for agreeing to use this
License, the Contributors grant You a perpetual, worldwide,
royalty-free, non-exclusive license with the exact terms of this License
to Use, the Open Game Content.
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.
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. 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.
8.
Identification: If you distribute Open Game Content You must clearly
indicate which portions of the work that you are distributing are Open
Game Content.
9. Updating the License: Wizards or its designated
Agents may publish updated versions of this License. You may use any
authorised version of this License to copy, modify and distribute any
Open Game Content originally distributed under any version of this
License.
10. Copy of this License: You MUST include a copy of this License with every copy of the Open Game Content You Distribute.
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. 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.
13. 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.
14. Reformation: If any provision of this License is held
to be unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable
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