Announcement

**Keygen** · November 6, 2003, 19:50

SOURCE CODE SOFTWARE END USER LICENSE AGREEMENT

IMPORTANT - READ CAREFULLY: USE OF THE CALL TO POWER II SOURCE CODE IS SUBJECT TO THE SOURCE CODE SOFTWARE END USER LICENSE AGREEMENT TERMS SET FORTH BELOW. “CALL TO POWER II SOURCE CODE” INCLUDES THE SOFTWARE INCLUDED WITH THIS AGREEMENT, THE ASSOCIATED MEDIA, ANY PRINTED MATERIALS, AND ANY ON-LINE OR ELECTRONIC DOCUMENTATION, AND ANY AND ALL COPIES OF SUCH SOFTWARE AND MATERIALS. BY INSTALLING, AND/OR USING THE CALL TO POWER II SOURCE CODE, YOU ACCEPT THE TERMS OF THIS LICENSE WITH ACTIVISION PUBLISHING, INC. (“ACTIVISION”).

LIMITED USE LICENSE. Activision grants you the non-exclusive, non-transferable, limited right and license to install and use one copy of the Call to Power II Source Code solely and exclusively for your personal, non-commercial use. All rights not specifically granted under this Agreement are reserved by Activision and, as applicable, Activision's licensors. The Call to Power II Source Code is licensed, not sold. Your license confers no title or ownership in the Call to Power II Source Code and should not be construed as a sale of any rights in the Call to Power II Source Code.

LICENSE CONDITIONS.
You agree not to sell, rent, lease, license, distribute or otherwise transfer the Call to Power II Source Code, or any copies of the Call To Power II Source Code, without the express prior written consent of Activision.
You agree not to make copies of the Call to Power II Source Code or any part thereof, except for back up or archival purposes, or make copies of the materials accompanying the Call to Power II Source Code.
You agree that, as a condition to your using the Call to Power II Source Code you will not use or allow third parties to use the Call to Power II Source Code and/or the New Game Materials created by you for any commercial purposes, including but not limited to selling, renting, leasing, licensing, distributing, or otherwise transferring the ownership of such New Game Materials, whether on a stand alone basis or packaged in combination with the New Game Materials created by others, through any and all distribution channels, including, without limitation, retail sales and on-line electronic distribution. You agree not to solicit, initiate or encourage any proposal or offer from any person or entity to create any New Game Materials for commercial distribution. You agree to promptly inform Activision in writing of any instances of your receipt of any such proposal or offer.
If you decide to make available the use of the New Game Materials created by you to other gamers, you agree to do so solely without charge.
New Game Materials may be created only if such New Game Materials can be used exclusively in combination with the retail version of Call to Power II. New Game Materials may not be designed to be used as a stand-alone product.
New Game Materials must not contain any illegal, obscene or defamatory materials, materials that infringe rights of privacy and publicity of third parties or (without appropriate irrevocable licenses granted specifically for that purpose) any trademarks, copyright-protected works or other properties of third parties.
New Game Materials must contain prominent identification at least in any on-line description and with reasonable duration on the opening screen: (a) the name and E-mail address of the New Game Materials' creator(s) and (b) the words “THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION.”
You agree not to export or re-export the Call to Power II Source Code or New Game Materials or any copy or adaptation thereof in violation of any applicable laws or regulations.

OWNERSHIP. All title, ownership rights and intellectual property rights in and to the Call to Power II Source Code and any and all copies thereof are owned by Activision or its licensors. The Call to Power II Source Code is protected by the copyright laws of the United States, international copyright treaties and conventions and other laws. The Call to Power II Source Code may contain certain licensed materials and, in that event, Activision's licensors may protect their rights in the event of any violation of this Agreement. You agree not to remove, disable or circumvent any proprietary notices or labels contained on or within the Call to Power II Source Code.

NO WARRANTIES. THERE ARE NO WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE ACTIVISION. THE CALL TO POWER II SOURCE CODE IS PROVIDED TO YOU “AS IS.”

LIMITATION ON DAMAGES. IN NO EVENT WILL ACTIVISION BE LIABLE FOR SPECIAL, INCIDETAL OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE OR MALFUNCTION OF THE PROGRAM, INCLUDING DAMAGES TO PROPERTY, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF ACTIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACTIVISION'S LIABILITY SHALL NOT EXCEED THE ACTUAL PRICE PAID FOR THE LICENSE TO USE THIS PROGRAM. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITAION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITAIONS AND/OR EXCLUSION OR LIMITAION OF LIABILITY MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

TERMINATION. Without prejudice to any other rights of Activision, this Agreement will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Call to Power II Source Code and all of its component parts.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Call to Power II Source Code and documentation have been developed entirely at private expense and are provided as “Commercial Computer Software” or “restricted computer software.” Use, duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer Software Restricted Rights clauses at FAR 52.227-19, as applicable. The Contractor/Manufacturer is Activision, Inc., 3100 Ocean Park Boulevard, Santa Monica, California 90405.

INJUNCTION. Because Activision would be irreparably damaged if the terms of this Agreement were not specifically enforced, you agree that Activision shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Activision may otherwise have under applicable laws.

INDEMNITY. You agree to indemnify, defend and hold Activision, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement

MISCELLANEOUS. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this Agreement shall not be affected. This Agreement shall be construed under California law as such law is applied to agreements between California residents entered into and to be performed within California, except as governed by federal law and you consent to the exclusive jurisdiction of the state and federal courts in Los Angeles, California.

If you have any questions concerning this license, you may contact Activision at 3100 Ocean Park Boulevard, Santa Monica, California 90405, USA, (310) 255-2000, Attn. Business and Legal Affairs, legal@activision.com.

**Locutus** · November 6, 2003, 20:11

Isn't this what the FAQ is for? People are free to ask questions there as well... Oh well, if it's not useful I guess it'll drop off the page soon enough

Either way, it should be noted that Activision seems to interpret the EULA rather loosely. To summarize: you can basically do anything you want with the code, as long as anyone who can gain access to it has agreed to the EULA first, as long as you don't use it in any way for commercial activities, and as long as products created with it are clearly labeled as non-Activision products and don't contain any inapproprate content. If you intend to do anything that might violate the EULA (or Activision's interpretation of it, anyway), you have to ask for prior written permission of Activision. Of course, there's no legal basis for this interpretation...

**Keygen** · November 6, 2003, 21:08

This is a large subject and would be better if it was in a seperate thread, clearly discussing legal stuff.

**Gilgamensch** · November 7, 2003, 05:48

some remarks from my side (and yes I sometimes have to deal with contracts.......)

New Game Materials must contain prominent identification at least in any on-line description and with reasonable duration on the opening screen: (a) the name and E-mail address of the New Game Materials' creator(s) and (b) the words “THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION.”

Here we have a tricky one: Anyone who recompiles the source code has to put his name and e-mail address on. And as mentioned it has to be on the opening screen.

BUT, we shall be able to get away with a warning label, which shall point to a readme or similar. But you ARE obliged to include this information. So any patch we make has to include it.

Maybe we want to check with Activision, if it would be sufficient to include a specific Apolyton webside for further information.

Locutus could you check for?

Next one:

The Call to Power II Source Code may contain certain licensed materials and, in that event, Activision's licensors may protect their rights in the event of any violation of this Agreement. You agree not to remove, disable or circumvent any proprietary notices or labels contained on or within the Call to Power II Source Code.

Yes, as far as I see it contains licensed material (the link to the sound). So we might want to check with them for this as well.

INDEMNITY. You agree to indemnify, defend and hold Activision, its partners, licensors, affiliates, contractors, officers, directors, employees and agents harmless from all damages, losses and expenses arising directly or indirectly from your acts and omissions to act in using the Product pursuant to the terms of this Agreement

It is kind of clear, but if we screw something, we have still do defend Activision as well. So we wan't be able to say:

"No, not out problem. It was Activision."

**The Big Mc** · November 7, 2003, 05:56

technically if you make an ADD on pack according to the EULA which changes it name to something like call to power two : the Trojan war. you have to remove the beginning video or that code be associated with activsion and some one may report you

tell me if my interpretation is wrong

**Locutus** · November 7, 2003, 06:33

Here we have a tricky one: Anyone who recompiles the source code has to put his name and e-mail address on. And as mentioned it has to be on the opening screen.

As you can read here (and in the FAQ), we already have devised 2 ways to display all the info the EULA requests. EIther of these methods should be sufficient.

Yes, as far as I see it contains licensed material (the link to the sound). So we might want to check with them for this as well.

Activision removed the sound libraries and we're leaving 3rd party copyright notices intact, so that shouldn't be a problem either.

**Gilgamensch** · November 7, 2003, 06:48

No,

you don't have to remove the opening video or similar, but you have to indicate that this is not longer the original version.

BUT, according to the license, we would be allowed to remove the opening video and replace it with our own

and we could state in their CTP2: Apolyton World (or similar)

Locutus:

The way you went, is the only one. They do not say anything about a message-box, but the opening screen.

BUT, it still leaves a problem. Activision did not say Apolyton, but

(a) the name and E-mail address of the New Game Materials' creator(s)

So we will have to check with Activision, if they would be satisfied with the Apolyton-address in general. This seems to be a minor problem, but any exe in the moment is theoratically violating the EULA.

We shall also clarify with them, that this Apolyton-address would only be valid for files posted with agreement of Apolyton and otherwise their normal EULA would apply. (just in case somebody else would have it somewhere else...........)

Activision removed the sound libraries and we're leaving 3rd party copyright notices intact, so that shouldn't be a problem either.

They removed and we replaced, which could mean a problem. But for this one, I don't really see such a problem (unless the 3.rd vendore would complain, but they would have to complain to Activison, not us.........). It is only a theoratical remark.

**Locutus** · November 7, 2003, 06:49

Originally posted by The Big Mc
technically if you make an ADD on pack according to the EULA which changes it name to something like call to power two : the Trojan war. you have to remove the beginning video or that code be associated with activsion and some one may report you

tell me if my interpretation is wrong

I'm not sure, which part of the EULA do you think says this?

**The Big Mc** · November 7, 2003, 07:10

as long as you don't use it in any way for commercial activities, and as long as products created with it are clearly labeled as non-Activision products

**Locutus** · November 7, 2003, 08:32

With that I was summarizing/paraphrasing this:

New Game Materials must contain prominent identification at least in any on-line description and with reasonable duration on the opening screen: (a) the name and E-mail address of the New Game Materials' creator(s) and (b) the words “THIS MATERIAL IS NOT MADE OR SUPPORTED BY ACTIVISION.”

Which doesn't mention any of the things you posted. It might be best to actually use the EULA as a reference, not just some idiot's personal opinion

**jonwil** · November 7, 2003, 09:39

Originally posted by Gilgamensch

They removed and we replaced, which could mean a problem. But for this one, I don't really see such a problem (unless the 3.rd vendore would complain, but they would have to complain to Activison, not us.........). It is only a theoratical remark.

We are not actually distributing anything thats (C) Rad Game Tools so there is no problem.

Although if someone from Rad Game Tools wants to say otherwise (i.e. somehow claim that the .h and .lib we are using is in fact (C) Rad Game Tools somehow), I am quite happy to discuss it with them...

**Keygen** · November 7, 2003, 10:45

Can someone define what Activision actually means by New Game Material?

Modified source code file(s)? New source file(s)? New art? New dinary file(s)?

All the above together or any combination of these?

**Locutus** · November 7, 2003, 11:17

From this we can conclude that they mean modified and compiled versions of the source code (i.e. the exe and dll files the source code builds):

New Game Materials must contain prominent identification at least in any on-line description and with reasonable duration on the opening screen

**Gilgamensch** · November 7, 2003, 11:17

Anything which isn't the original anymore.

So even recompiling is NGM..........

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PROJECT-> End User Licence Agreement: Interpretation

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