Seeking assets for our new store!

Looking better with the latest updates , both store and license .

Congrats.

In fact, there should be a place to store all the "wish-we-could-have-these-features" for Construct 2. I love the forums, but they go sprawling all over the place at times.

Fimbul, thanks for all the feedback!

[quote:zirq6k20]What if the licensee purchased the content to create an advergame or interactive banner? What if the licensed content (say a sprite or a piece of music) is featured in an advertisement for the game?

Added an exemption clause "There is exemption is for online advertisements that are solely advertising the Work For Distribution.".

[quote:zirq6k20]It would be better if the licensee just acccepted all liability on behalf of the content creator

I don't think it's necessary to change this.

[quote:zirq6k20]RE: Defamatory content; Again, why not? If the licensee accepts all liability, I don't see any reason why this should be forbidden.

Not going to change this without consulting a lawyer, and as this would probably represent a very small minority of customers I don't think it's worth opening this up.

[quote:zirq6k20]This part should mention modding and map editors, which are legal modifications of the game provided said game supports it.

Have updated to "You are not permitted to modify or reverse engineer the games in any way...". Re map editors, I think it's entirely reasonable to assume if the game comes with the capability then that is permitted activity.

[quote:zirq6k20]The "explicit written consent from the seller" is sometimes present and sometimes not, in several portions of the agreement. Why not add a "clauses may be waived with explicit written consent from the seller" in the top of the license and be done with it?

Fair suggestion, have modified agreement to state this at top. I need to think about it a bit more as there might be a few angles here but it sounds fine.

[quote:zirq6k20]This means teaching as well, right?

Not at the moment. Will think about this though as there's obvious benefit to permitting it for teaching purposes.

[quote:zirq6k20]Allow conversion to different formats as long as its for your own purposes (i.e. pdf -> epub)? This is probably nitpicking on my part though.

Nope, it's a good point and added!

[quote:zirq6k20]However, the tool author should be exempted from liability (tool is provided "as is").

Have added this to the pre-amble.

[quote:zirq6k20]In addition, licensee should also abide by the tool's license if it has one.

Will be covered under special product conditions on terms and conditions.

[quote:zirq6k20]Typo there. Should be "Licensee".

Thanks

[quote:zirq6k20]This is confusing. I get the impression that the licensee is authorized to create derivative works and then resell said derivative works under his own chosen license even if minimal modification is done.

It's saying you can modify the source, but you can still only publish to the Domain Name and the derivative work is licensed under this Agreement also. Rephrased for clarity and removed second paragraph as it's not necessary in retrospect.

[quote:zirq6k20]Might want to rephrase that as "the sales figure on the item page can be used as indication to see how many have been sold" to avoid liability (such as a bug with the counters).

Good suggestion thank you!

Made a few minor changes as well on other suggestions. Will be uploading soon.

We're also in the process of finding a lawyer to review all these terms and conditions once they have reached a stage where Scirra and the sellers are all in agreement as to the spirit of the agreements.

[quote:17orjb1l]Allow conversion to different formats as long as its for your own purposes (i.e. pdf -> epub)? This is probably nitpicking on my part though.

Nope, it's a good point and added!

Tom

I didn't think about this before and since english is not my mother tongue I would like you to clarify this for me: I would like to offer music in 24-bit wave format and let the customer decide into what format(s) it will be converted (m4a, ogg, maybe other formats are required in the future, who knows). Is this possible with the current license aggreement?

tulamide good question. For audio assets obviously I think it's perfectly reasonable to change the format. As far as modifying the royalty free assets themselves, what are sellers thoughts on this? If you sell graphics/sounds would you mind if someone were to heavily modify them?

Edit, in fact the current license does not prohibit modification so I think it's OK to leave at that. We do have the clauses:

[quote:39rq7sbj]Licensee may not superficially modify the Licensed Content and sell it to others for consumption, reproduction or re-sale. For example, but without restriction, Licensee may not resell audio tracks as backgrounds, hold music, ringtones etc.

Licensee may not incorporate the Licensed Content into a logo, trademark or service mark.

New Draft

Please download/view from here:

https://www.dropbox.com/s/7w2qff6ef4888ra/License%20draft.docx

Any comments welcome as usual.

[quote:2ujmld58]What if the licensee purchased the content to create an advergame or interactive banner? What if the licensed content (say a sprite or a piece of music) is featured in an advertisement for the game?

Added an exemption clause "There is exemption is for online advertisements that are solely advertising the Work For Distribution.".

What about print advertisements, like flyers a developer would give out at events or a magazine advertisement for their game?

Or non online video/audio game advertisement like TV or radio?

As far as modifying the royalty free assets themselves, what are sellers thoughts on this? If you sell graphics/sounds would you mind if someone were to heavily modify them?

As long as you're within the scope of the license, I think anything goes. For instance if you purchase a sprite for an enemy and then modify it with different colors to represent different team/champion/boss/difficulty versions of the enemy, I think it's ok that you only have to use one license, since it's all the same work.

I also think it's ok to purchase a piece of music and convert it to some weird underground format and heavily modify/distort it, as long as you have a license and you're using it for one project only, that should all be in the scope.

Besides, construct 2 itself does modification on sprites (by compressing and composing into a tilesheet) and conversions on audio, it would be super weird if construct automatically violated the license.

Also Tom, I sent you an e-mail requesting seller access to the store, did you get it? I've been having some issues with my outbox.

So I'm just going to ramble a bit about the license, most of what I say is probably going to be irrelevant, but since you asked for feedback, here goes:

[quote:1eebgirg]If the license is issued to a named employee and that employee is no longer under

employment by the business, you must email Scirra and inform them.

You must inform Scirra of a licensed employee's termination in all cases or only if you want a new license? What if I terminate an employee but he keeps the license? Shouldn't the "named employee license" only be usable by said person within the context of the business or can the employee use the license for its own benefit?

[quote:1eebgirg]When the Startup has generated more than the permitted lifetime revenue

Might want to define what "revenue" means, preferrably in section A.1. Does it mean profit or raw income? Before or after taxes? Does paying the employee constitute an expense?

[quote:1eebgirg]You do not need to pay any Royalties for any content you publish.

You don't need to pay *Scirra*, other conditions might apply.

[quote:1eebgirg]You are not permitted to reverse engineer any part of Construct 2 or the licesning system.

Typo. should say licensing instead of licesning. Also a waiver for "explicit written permission" might apply here for cases where one might want to reverse engineer construct 2 to create plugins, modify xml, fix bugs, or create exporters/wrappers. This already happens frequently with beefier plugins like spriter.

May also put in a clause saying you're free to modify and/or reverse engineer the OUTPUT of the program.

[quote:1eebgirg]Licenses for Construct 2 are indefinite and entitle you to free updates to any future

releases of the Construct 2 editor for life permitting you are in possession of a valid and

fully paid for license and you have not broken any terms of this agreement.

Might want to reinforce that free upgrades are for the "2" version of the editor. You aren't entitled to a free upgrade to Construct 3. Also might want to add that you're not entitled to free access to any addons to construct that may or may not happen.

[quote:1eebgirg]Licensee may provide access to Licensed Content to no more than ten Authorised Users

simultaneously provided that access to Licensed Content is used solely for the purpose of

creation or reproduction of Works for Distribution made by or on behalf of Licensee

Missing a comma between simultaneously and provided. Also the 10 users seems a bit arbitrary but whatever.

[quote:1eebgirg]Licensee may use the Licensed Content in up to 1 commercial projects.

Please get rid of the "commercial" project. A project is a project is a project. Even with the definition of "commercial" that follows this statement, the license still allows you to use the content to make projects with no intention of being commercial (such as fangames or portfolio pieces) that indirectly generate revenue (by attracting traffic to other ad-supported sections of the site, for instance).

[quote:1eebgirg]Licensee is permitted to use the Licensed Content in unlimited free projects.

See above. All projects generate revenue in some form, even if said form is "recognition" - which is later converted to cash through becoming a reference in the area.

Let the project creator handle these issues with the seller through written agreement if he/she wishes to use licensed content for "free".

[quote:1eebgirg]Licensee may not distribute Licensed Content in a manner meant to enable third parties to creative

derivative works incorporating Licensed Content.

should be "create" instead of "creative".

[quote:1eebgirg]Licensee may not incorporate the Licensed Content in advertisments, broadcast TV,

theatrical or movie releases. There is exemption is for online advertisements that are

solely advertising the Work For Distribution.

Or if the work itself is an advertisement. Like I said, there's an use case of construct 2 where the user creates small advergames. Also, the word "online" doesn't make sense here. What if a game I created is being advertised via print, or offline digital media?

[quote:1eebgirg]Licensee shall not use the Licensed Content in a manner that violates the law of any

applicable jurisdiction.

This is untenable and impractical. Different laws are often contradicting, the licensee isn't obliged to know all laws his work may appear on. A clause where the licensee accepts liability for his work in all applicable jurisdictions would be way way better, and allow you to get rid of the "pornographic/defamatory" clause. Also you mention pornography but neglect violence and gambling, which makes this clause extra-weird.

[quote:1eebgirg]Licensee must with immediate effect stop using the Licensed Content, destroy, delete and

remove the Licensed Content from Licensee’s premises, computer systems and storage.

And inform all parties who may have copies of the licensed content to do the same - Example: you must remove your stuff from kongregate as well.

[quote:1eebgirg]Licensed Content purchased at an exclusive price are permitted for use on unlimited commercial projects within the terms of this Agreement

Get rid of the word "commercial" here, it makes no sense. Add a disclaimer stating that you may still not resell the content directly (actually it would be better if you defined "project" in section A.1). Also merging C.4 and C.5 would be better for clarity (the heading "royalty free license" makes no sense since royalty free license is the whole license).

[quote:1eebgirg]If you receive a refund for payment of Licensed Content in part or full, your license is no

longer valid with immediate effect.

"you must destroy/delete/remove yadda yadda yadda" <-- reinforce this

[quote:1eebgirg]You may not use the e-books or any part of the e-books content for any commercial, promotional, institutional, corporate or teaching purposes.

Unless everyone else you're interacting with also has a license? I mean if you buy the ebook for everyone then you could use it for teaching within your organization right?

[quote:1eebgirg]If source code is provided (in the form of a CapX file in the download of the Licensed

Content, the “Source Code”) Licensee is permitted to modify any aspect of the provided

Source Code (permitting a valid Construct 2 license is in Licensee’s possesion) and create

derivatives of the work and publish the modified Licensed Content and derivatives on the

Domain Name, as long as the modifications and derivatives do not breach any stated

restrictions or terms listed in this Agreement.

You shouldn't be able to modify the source and resell the source. I.E.: The way it is now, I could buy games in the scirra store, reskin them, and resell them on FGL, and I wouldn't even be breaching the license.

[quote:1eebgirg]An exclusive price means that the item from that point onwards will be delisted from the

Scirra store and no longer for sale.

Can it be relisted? What if the seller modifies it and relists it? Can the seller still maintain it listed on other sites? Can I then list it?

>

> [quote:1n6lvfw1]What if the licensee purchased the content to create an advergame or interactive banner? What if the licensed content (say a sprite or a piece of music) is featured in an advertisement for the game?

>

Added an exemption clause "There is exemption is for online advertisements that are solely advertising the Work For Distribution.".

What about print advertisements, like flyers a developer would give out at events or a magazine advertisement for their game?

Or non online video/audio game advertisement like TV or radio?

Modified it to read:

Licensee may not incorporate the Licensed Content in advertisments (excluding advertisments for permitted Work For Distribution), broadcast TV, theatrical or movie releases.

Also Tom, I sent you an e-mail requesting seller access to the store, did you get it? I've been having some issues with my outbox.

I think I'm on top of all my email, could you send it again if you didn't get a reply from me please?

[quote:3jbt7qw4]So I'm just going to ramble a bit about the license, most of what I say is probably going to be irrelevant, but since you asked for feedback, here goes:

Not at all irrelevant! I'm happy people are reading it and giving feedback, it's really important.

[quote:3jbt7qw4]You must inform Scirra of a licensed employee's termination in all cases or only if you want a new license? What if I terminate an employee but he keeps the license? Shouldn't the "named employee license" only be usable by said person within the context of the business or can the employee use the license for its own benefit?

Rephrased for clarity in next revision:

If the license is issued to a named employee and that employee is no longer under employment by the business, the license is no longer valid for use. You are allowed a reissue of the license, to do this please email a copy of the license to Scirra. We will then revoke the Business License and issue you with a new Business License.

[quote:3jbt7qw4]Might want to define what "revenue" means, preferrably in section A.1. Does it mean profit or raw income? Before or after taxes? Does paying the employee constitute an expense?

I don't think this needs changing, revenue in business is clearly defined as all income before any deductions (taxes, expenses etc).

[quote:3jbt7qw4]You don't need to pay *Scirra*, other conditions might apply.

Edited for clarity in next revision.

[quote:3jbt7qw4]May also put in a clause saying you're free to modify and/or reverse engineer the OUTPUT of the program.

Edited to:

Without express written permission from Scirra you are not permitted to reverse engineer any part of the Construct 2 software or the Construct 2 licensing system. You are not permitted to distribute or generate your own licenses or versions of Construct 2 designed to circumvent restrictions on usage.

[quote:3jbt7qw4]Might want to reinforce that free upgrades are for the "2" version of the editor. You aren't entitled to a free upgrade to Construct 3. Also might want to add that you're not entitled to free access to any addons to construct that may or may not happen.

I think it's clear enough it's for the Construct 2 editor as is. Updates/addons that aren't part of the Construct 2 editor are not implied so I don't think this needs modification.

[quote:3jbt7qw4]Missing a comma between simultaneously and provided. Also the 10 users seems a bit arbitrary but whatever.

It does seem arbitrary but just stops rampant abuse. It seems to be fairly common in other licenses.

[quote:3jbt7qw4]should be "create" instead of "creative".

Thanks

[quote:3jbt7qw4]Or if the work itself is an advertisement. Like I said, there's an use case of construct 2 where the user creates small advergames. Also, the word "online" doesn't make sense here. What if a game I created is being advertised via print, or offline digital media?

Have modified (see above) for advertising content related to work for distribution. Regarding works that are advertisements themselves, I'm happy to restrict this. The asset store is meant to be for people making games, not making advertisements and I want all buyers/sellers to know this.

If there is a professional advertising agency that wants to buy royalty free graphics for these advertisements it's prohibited and they can contact the seller directly if they really want it.

[quote:3jbt7qw4]Licensee must with immediate effect stop using the Licensed Content, destroy, delete and

remove the Licensed Content from Licensee’s premises, computer systems and storage.

[quote:3jbt7qw4]And inform all parties who may have copies of the licensed content to do the same - Example: you must remove your stuff from kongregate as well.

Added Licensee must also make all reasonable efforts to ensure that copies of the licensed content are removed from any locations it has been distributed to.

[quote:3jbt7qw4]Get rid of the word "commercial" here, it makes no sense.

You're right, removed.

[quote:3jbt7qw4]Add a disclaimer stating that you may still not resell the content directly (actually it would be better if you defined "project" in section A.1)

I don't think this needs repeating.

[quote:3jbt7qw4]Also merging C.4 and C.5 would be better for clarity

Merged and removed duplicate statements

[quote:3jbt7qw4]"you must destroy/delete/remove yadda yadda yadda" <-- reinforce this

Edited to If you receive a refund for payment of Licensed Content in part or full, your license is terminated with immediate effect and you must follow all termination procedures listed in (c3). If you purchased Licensed Content at an exclusive price it may be relisted for sale in the store.

[quote:3jbt7qw4]Unless everyone else you're interacting with also has a license? I mean if you buy the ebook for everyone then you could use it for teaching within your organization right?

Added (teaching is only permitted on the condition each student owns a valid license for the e-book).

[quote:3jbt7qw4]Can it be relisted? What if the seller modifies it and relists it? Can the seller still maintain it listed on other sites? Can I then list it?

No and no, this will be covered in the seller agreement though (still being drafted).

Now for the more difficult point

[quote:3jbt7qw4]Please get rid of the "commercial" project. A project is a project is a project. Even with the definition of "commercial" that follows this statement, the license still allows you to use the content to make projects with no intention of being commercial (such as fangames or portfolio pieces) that indirectly generate revenue (by attracting traffic to other ad-supported sections of the site, for instance).

[quote:3jbt7qw4]This is untenable and impractical. Different laws are often contradicting, the licensee isn't obliged to know all laws his work may appear on. A clause where the licensee accepts liability for his work in all applicable jurisdictions would be way way better, and allow you to get rid of the "pornographic/defamatory" clause. Also you mention pornography but neglect violence and gambling, which makes this clause extra-weird.

I'm happy with how it is defined at the moment. I do appreciate that portfolio pieces et al do have indirect benefits. If anyone else wants to weigh in on this it would be appreciated.

New draft:

https://www.dropbox.com/s/7w2qff6ef4888 ... draft.docx

I think we're just about there.

I am so happy to hear this! I'm hoping it takes off and visual assets get flooded in the store. I'd be willing to pay for some good graphics.

I just hope it's not too restrictive now. I mean, in the end the shop is meant to be profitable. But with too much restrictions, people may consider to not buy. I'm happy that music is not bound to a certain format. But if I read about the ebooks... Imagine a teacher having interest in an ebook to use parts from it in his class. He/she would have to buy 20 (or however many students there are) licenses of the same ebook! I think this will lead to the decision to better buy one printed book from another author in a local shop instead.

Also, the commercial project declaration is still not so obvious to me. If someone creates a game with graphics bought in the shop and then sells the game for pc, it surely is a commercial project. Half a year later, the game is so successful that additionally a free version with ingame-ads is published on (Kongregate/Armor Games/Fill in whatever you like). Now is it still 1 project? And if not: where is the threshold?