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Re: Fit for non-free?

On Thu, Oct 21, 2010 at 9:48 AM, Stefan Ott <stefan@ott.net> wrote:

> [3] http://www.eveonline.com/community/fs_agreement.asp

For reference, here is the full text of this agreement:


For Fan and News Sites, Online Radio Stations and Chat Venues

Please read this document carefully: This Community Outlet User
Agreement (“License”) is a legal and binding Agreement between you
and/or your organization (“YOU”), CCP Games, its subsidiaries,
affiliates and licensors (collectively “CCP”). By indicating your
acceptance, you accept all the terms and conditions of this Agreement.
Your use of any and all game materials and your development and
provision of a community outlet are subject to this Agreement.

WHEREAS, CCP has developed certain intellectual properties, including,
but not limited to; artwork, characters, story-lines and other
characteristics of the universe in Eve Online (The Properties) in
connection with the computer game Eve Online and is willing to grant
you the right to use some of these Properties in a non-commercial
manner as set forth in this Agreement; and

WHEREAS, you desire to use art assets or other intellectual properties
for a single non-profit, non-commercial purpose as set forth in this

NOW, THEREFORE, you agree as follows:

1. License

1.1. Non-commercial use license

Upon the terms and subject to the conditions of this Agreement, CCP
hereby grants to you a non-exclusive, non-transferable right and
license to use some of its intellectual property in a non-commercial
manner. You may not, and may not permit others to, use, reproduce,
sublicense, distribute or dispose of any intellectual properties, in
whole or in part, except as expressly permitted under this Agreement.

1.2. License to Use Trademark and Trade Name

Any and all trademarks and trade names that CCP uses in connection
with the non-commercial license granted hereunder are and remain the
exclusive property of CCP. Nothing contained in this Agreement shall
be deemed to give you any right, title or interest in any trademark or
trade name of CCP relating to the Properties except as expressively
permitted under this Agreement.

1.3. Purpose

Your use of any of the Properties is for a single non-commercial
purpose; outlined in an application for non-commercial use
(Application) filled out after agreeing to this Agreement, and is
limited to those parts of the Properties required for that purpose.
CCP reserves the right to judge which parts of the Properties are
necessary in each case and to limit other uses at its sole discretion.
Unless specifically noted, this Agreement does not cover uses of
software owned by the CCP.

2. Conditions

2.1. General Principles

You are bound by the following principles:

    * You will make it clear that this use is unofficial by including
some wording to the effect that, for example, "This material is used
with limited permission of CCP Games hf. No official affiliation or
endorsement by CCP Games hf is stated or implied.”
    * In such cases as you are permitted to use such material, you
will not change official trademarks in any way (e.g., remove, obscure,
stretch or deform them).
    * You will include an appropriate disclaimer on any material that
could otherwise be construed as the work of CCP Games.
    * You undertake to make the origins of the intellectual property
very clear; in other words, make sure that from a brief review of this
material people know that the intellectual property being used for a
non-commercial purpose is CCP Games’ intellectual property (and not
your own IP or the IP of a third party).

2.2. Non-permissible acts

You undertake not to perform any of the following acts:

    * Use the Property in relation to any commercial activity. This
includes, for example, paying a printer to print some flyers,
obtaining sponsorship, or selling non-CCP Games materials using CCP’s
trademarks. This shall not prevent websites from using revenues from
banner ads to cover the costs of the website operation, as long as
such advertising is not the primary purpose of the website in question
and advertisements are in compliance with EVE Online End User License
Agreement, EVE Online Terms of Service and EVE Website Terms of Use
    * Use CCP’s trademarks in respect of your domain name.
    * Use The Property in relation to any third party products or
third party intellectual property.
    * Alter CCP’s trademarks in any way.
    * Use any of The Property without appropriately crediting the
intellectual property and using appropriate disclaimers in accordance
with this Agreement.
    * Create, distribute, or use any material that is not consistent
with the functionality, atmosphere, and parameters of the Eve Online
universe as created and owned by CCP Games.
    * State that anything that is created using the Property is "official."
    * Create, distribute, or use any material that is derogatory,
obscene, or offensive.
    * Create, distribute, or use any material that devalues any CCP
Games product in any way.
    * Pretend that you are affiliated with, represent or work for CCP
Games in any way shape or form.

3. Limitations

3.1. Time or task limits

This Agreement is valid only for a limited time or for a certain
number of tasks or projects. Refer to the Application filled out as
part of this Agreement.

3.2. Limitation of liability

You agree to indemnify CCP for any and all claims, damages, losses,
and causes of action arising out of his publication and/or use of
material inspired by or based on intellectual properties owned by CCP.
Under no circumstances including, but not limited to, negligence,
shall CCP be liable for any special or consequential damages that
result from the use of the Properties.

3.3. Termination and discontinuation

You agree that CCP, in its sole discretion, may terminate the right to
use the Properties, in whole or in part, for any reason whatsoever, in
CCP’s sole discretion, with or without notice. You agree that CCP
shall not be liable to you or any third-party for any such

3.4. Creative Control

CCP reserves the unconditional rights to monitor the content of any
works inspired by or based on the Properties and to take any steps
necessary to ensure continuity and consistency of the Eve Online
universe or any other intellectual property of CCP.

4. General

4.1. Jurisdiction and Venue

This Agreement shall be governed by and construed in accordance with
the laws of Iceland. Jurisdiction for litigation of any dispute,
controversy or claim arising out of or in connection with this
Agreement, or the breach thereof, shall be only with Héraðsdómur

4.2. Entire Agreement

This Agreement, including the Application, constitutes the entire
agreement between the parties with respect to the subject matter
hereof and supersedes all previous proposals, both oral and written,
negotiations, representations, commitments, writings and all other
communications between the parties. This Agreement may not be modified
except by a writing signed by a duly authorized representative of each
of the parties.

4.3. Severability and Waiver

If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, such
determination shall not affect the validity or enforceability of any
other part or provision of this Agreement. Any waiver by any party of
any breach of any provisions hereof shall not be effective unless made
in a writing signed by the party to be bound.

4.4 Age Requirements

By consenting to this Agreement, you hereby represent to CCP that you
are 13 years of age or older. The age requirements differ from country
to country. If you are under 20 years of age, you may need to obtain
the permission of your parent(s) or legal guardian to agree to this
Agreement. We strongly suggest that you check your local, state,
province, country or regional legal restrictions that may be
applicable to your Internet use.



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