Wow this post turned out huge!
Regarding the new license:
You really should number the topics/clauses, makes it a lot easier to navigate.
[quote:2k63fmg7]Licensee may not incorporate the Licensed Content in advertisments, broadcast TV,
theatrical or movie releases.
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?
[quote:2k63fmg7]Licensee shall not use the Licensed Content in a manner that violates the law of any
I think it's unreasonable to request that the licensee abides by the laws of all jurisdictions the content may end up on. It would be better if the licensee just acccepted all liability on behalf of the content creator, no? This is especially relevant for licensees who might want to use the licensed content as part of controversial games that are illegal in some jurisdictions but not in others, such as porn/gambling games. IMHO they should be allowed to do that as long as they assume responsibility.
[quote:2k63fmg7]Licensee shall not use the Licensed Content in a pornographic or defamatory manner, whether
directly or in context or juxtaposition with other materials.
Again, why not? If the licensee accepts all liability, I don't see any reason why this should be forbidden. Some people create porn games using construct 2 already (gamemaker for instance can't be used for porn games because their license forbids it).
In fact, the "licensee accepts all liability" should probably be on top of the contract.
[quote:2k63fmg7]The license contained in this Agreement terminates automatically without notice from Seller
if Licensee fails to comply with any provision of this Agreement.
His client might also violate the license, in which case the licensee should assume responsibility. Might want to add that in there.
[quote:2k63fmg7]This license covers assets you purchase with the exclusive price.
If you purchase an asset an an exclusive price, you are also bound by the Royalty Free
License as stated above. However, as a Licensee you are permitted to use the Licensed
Content on unlimited commercial and non commercial Works for Distribution.
I think those two should be merged into the same section.
[quote:2k63fmg7]You are not permitted to modify the games in any way (including but not limited to removal
of copyright notices).
This part should mention modding and map editors, which are legal modifications of the game provided said game supports it. IMHO a "no reverse-engineering" clause would be more appropriate, but IANAL.
[quote:2k63fmg7]You are not permitted to copy or publish the games, or any part of the games content (text
or graphics) without explicit written consent from the Seller.
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?
[quote:2k63fmg7]Game source files (the “Source Files”) which are usually provided in the CapX file format
are strictly permitted for use for personal educative and learning purposes.
This means teaching as well, right? I mean since learning and teaching are sort of the same general thing. Especially since you mention you can show it to "friends". I mean all my students (who pay me) are also my friends, right? TBH I think source files should be allowed in teaching but it's up to you.
[quote:2k63fmg7]You may not use the e-books or any part of the e-books
content for any commercial, promotional, institutional, corporate or teaching purposes.
Maybe waive this clause as long as students/workers/clients/recipients also purchase their own copies (or you purchase copies for them)? Also I think "fair use" laws apply here, I don't know if not mentioning them invalidates the whole clause.
[quote:2k63fmg7]You are not permitted to modify the books in any way (including but not limited to removal
of copyright notices).
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.
[quote:2k63fmg7]You fully own all copyright and other rights to any content you generate from scratch
within the tools that the tool was specifically designed to create permitting you have a
valid license for the tool and you have paid in full for the tool.
However, the tool author should be exempted from liability (tool is provided "as is"). In addition, licensee should also abide by the tool's license if it has one. In fact, the same goes for the full commercial non-capx games (but maybe not the assets). Maybe look at how steam handles this part, since all games there have their own licenses besides the general steam license.
[quote:2k63fmg7]License may use Licensed content for any purposes within the terms of this
agreement including but not limited to pay services, without any royalties.
Typo there. Should be "Licensee".
[quote:2k63fmg7]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 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.
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.
[quote:2k63fmg7]If no Source Code is provided, Licensee is only permitted to modify the game to support
their commercial endeavourers, including but not limited to pay walls, providing the
Licensed Content as a paid for service for visitors on the Domain. Licensee shall not
modify any other aspects of the Licensed Content that strictly do not require modification
for the purposes of integration into commercial services.
So the licensee can modify the game and sell it, but not give it away for free? What are those "aspects of the Licensed Content that strictly do not require modification"? I don't think I understand this part.
[quote:2k63fmg7]Licensed Content may not be used contrary to any restriction on use indicated herein.
Well duh, that's the whole purpose of a license, no? Also right after this part the weird "abide by all laws" and "no porn" clauses show up again.
[quote:2k63fmg7]refer to the sales figure on the item page to see how many have been sold.
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).
[quote:2k63fmg7]Company who purchased the license becomes insolvent or enters liquidation processes
I guess this prevents the licenses from being transferred through liquidation? Nice trick.
[quote:2k63fmg7]Domain name the Licensed Content is published on expires and is not renewed
Well if the domain is renewed by another party, or transfers ownership, then the license should expire as well no? Or are you explicitly authorizing site-as-well-as-site-content sales? This probably is minor nitpicking on my part as well and is unlikely to ever be a problem.