End User License Agreement

Discussion in 'General Discussion' started by tdev, Jun 1, 2016.

  1. Scepheo

    Scepheo
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    While I'm not in full agreement with the EULA either, you seem to be misinterpreting some things (admittedly, legalese makes this easy).

    You grant BeamNG those rights, not any other users. Regarding other users, all you do is
    Copy and archive means that they're allowed to store the mod on their computer (as technically and legally, that's making a copy). I'm not sure why they've decided to allow everyone to make derivative. I don't really care, because the license doesn't say they're allowed to make "derivative works", but only "derivate works", which I don't really mind (as I'm pretty sure "derivate works" aren't a thing).

    Translation: if a BeamNG.drive update deletes your BeamNG.drive mods: your problem. If a BeamNG.drive update deletes your school work: their problem.

    Essentially, they're telling you that if you violate the agreement, you'll admit it. You won't have anything to do with BeamNG in a court case unless you're the one who fucked up.

    That's not reverse engineering. Still, this part is made void by the fact that much of the code is licensed under the bCDDL, which effectively renders both licenses void. What this implies depends on where you live.

    Because otherwise you're not allowed to play the game?
     
    #21 Scepheo, Jun 5, 2016
    Last edited: Jun 5, 2016
  2. derbymutt

    derbymutt
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    I'll wait for an official answer from a developer thank you.

    I can wait, playing BeamNG is near the bottom of my list of things I want to do. Its already been over 2 months since I last started it, a few more won't hurt.

    I am curious what this has to do with BeamNG though.

    The restrictions on user content are a bit strict though. Again implying that you cannot tell other users to not mod your content.
     
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  3. DirtGamer301

    DirtGamer301
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    I guess in this case you either don't play, don't mod or don't release your mods which in all cases isn't helping BNG.
     
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  4. CarBro74

    CarBro74
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    I have not downloaded it yet so I want to ask: Will it affect my mods?
     
  5. wrinkle345

    wrinkle345
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    Unless you're like the "protesters" above, or unless you want to decompile the game's dll's and exe's, then no. It won't.

    It's the same kind of EULA as any moddable game ever. No worries.
     
    • Agree Agree x 1
  6. CarBro74

    CarBro74
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    But this can detect viruses on other mod websites?
     
  7. SixSixSevenSeven

    SixSixSevenSeven
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    what? Its a piece of text dude, how is it going to detect viruses on websites?
     
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  8. CarBro74

    CarBro74
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    Ok, just asking.
     
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  9. WacKEDmaN

    WacKEDmaN
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    i do not agree to grant beamng usage of any of my mods...
    downloads have all been deleted..
    Coffs Harbour track remains the sole Intellectual Property of Martin Weare..

    i would like a refund...as i didnt agree to these terms when i purchaced it
     
  10. wrinkle345

    wrinkle345
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    Bud, it only applies if its uploaded here.

    If it's that much of an issue (which it isn't to 90% of everyone else), just upload it to mediafire or something and link to it in a forum post or something.
     
  11. WacKEDmaN

    WacKEDmaN
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    firstly..im not your "bud"...

    If you create, transfer, share, send, submit, post or upload any User Generated Content you will still own the User Generated Content (assuming you have rights to own it) but you grant BeamNG the right to use your User Generated Content to the extent outlined below without the need of further permission or without any form of compensation. By transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on the internet or elsewhere, you grant BeamNG a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and fully sub-licensable license to use, copy, reproduce, distribute, publish, publicly perform, publicly display, modify, adapt, translate, archive, store the User Generated Content, and create derivative works from your User Generated Content, in any form, format or medium of any kind now known or later developed and for the entire duration of the intellectual property rights

    no where in that does it say anything about works uploaded to this site only..
    in fact it specifically states..
    "By transferring, sharing, sending, submitting, posting, uploading or making available User Generated Content on the internet or elsewhere"

    ^ that gives them the right to come into my home and take any work i have created if i share it on my network! or if upload it to my ftp..or if store it somewhere on the internet....
    ...its stuff like this i have an issue with...the wording should be more concise for both the user and Beamng
     
    #31 WacKEDmaN, Jun 9, 2016
    Last edited: Jun 9, 2016
  12. SergentFido

    SergentFido
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    Hi Eveybody, hi Devs.

    I would like to have a clear answer about what involves this line of the Eula regarding a majority of mods, being made, having been made, and future mods that we can see as Wip in the forum :

    "10.9 You are responsible for the User Generated Content that you uploaded and warrant that the same does not infringe third parties' intellectual property or other rights and that the User Generated Content does not violate any laws in any country. You agree to indemnify defend and hold BeamNG harmless from any claims, costs or expenses (including legal expenses) arising from a violation of this clause. "


    As you all may know, a majority of mods on the forum are based on real world vehicles, and also the most appealing mods IMHO were also real cars, i mean the Cadillac 1949, the Chevy Nova 68, the Honda Prelude. I was waiting for more infos, making a car based on a real one, that it appears i own IRL and wanted to see in game, and share with others.
    It's been one year now i begun to work on it, and the work on it and all the details represents a lot of time.

    Does this 10.9 line mean that it's the responsabilily of the modder to ask permission to Brands for the use of their logo, or in case there is no answer possible despite the efforts to ask, the modder will be the only responsible of what could happen if the owners of the concerned brand may eventually decide to prosecute ?

    Or does it mean that any mod based on a real car will be refused to the repository if a written permission of the third party owner isn't provided ?

    Or (2) does it mean the modder has to provide you a written text in which he ensures he is the only responsible for his own content and will be the only one to get issues if there is a request from the concerned brand ?

    Or (3) the only way is to remove any logo, brands, or create fictionnal ones to avoid problems (race Capri, GL83, 8x8 truck) ? For me this is just an uncomplete solution, the designs of car are also owned by the designers company like Pininfarina, Fisher bodies for GM, etc, and also the Brands so, when removing brands also remove all the flavor and taste to the mod, there is still issues by making so, and for the mods users, this is strange to understand.

    As you know, many mods for many games are real cars, and i'm not sure there are so many issues with brands making a big fuss about their car being represented in 3D models, i think they mostly should be happy about that, if not indifferent on that matter. But of course, issues are always possible and i fully understand why you have to protect your company about that. Also i worked in videogames many years ago, for Formula one racing games and i know what license and costs means.

    Thank you for reading me. Have a nice day !
    Cheers.
     
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  13. nobadesuuchan

    nobadesuuchan
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    As many agree the Part about the real brand cars is annoying, i'm pretty sure some megabrand that's making bill gates money everyday would give a toss if their car was in some little game that about 2 or 3 people have heard about that's being worked on by a tiny little team who don't make much money in the grand scheme of things. but at the end of the day i'm pretty sure that nothing will change. just my pointless contribution to a lost cause.
     
  14. SergentFido

    SergentFido
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    I agree with what you say, the main problem is that Brands making tons of money won't probably take time to answer to somebody who could work a lot for FREE stuff, and so a written permission would be hard to get. So all i want to know is if it's possible that the modder could be the single person who get the responsability about a mod he will never have an issue with.
    Also, i can see for years people selling 3D models of real cars, i'm not sure they pay a license to the brands and i don't see their website being closed neither. So a written responsability paper from the modder would be perfectly fine for me.
     
  15. Nadeox1

    Nadeox1
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    Hey guys, sorry for no official replies to your concerns yet, we are submerged by workload at the moment. You will get your answers soon.
    We already posted of our answers to similar doubts in this thread:
    http://www.beamng.com/threads/the-n...-ability-to-play-this-game.26356/#post-378226
    So please have a look.

    We are doing this with the intention to both preserve our company and the end user (from all the possible and remote cases you can think of).
    Don't jump to conclusions we are evil and etc. before hearing our side of the story too :)

    Also, this is pretty much a standard EULA that comes with many moddable game at the moment.

    @tdev
     
    • Like Like x 1
  16. SergentFido

    SergentFido
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    I really think this Eula is perfectly fine. Good job and good luck on the hard work !
     
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  17. tdev

    tdev
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    thanks for notice (and the effort with the video) - it'll be fixed soonish :)
     
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  18. Tesla66

    Tesla66
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    I know that this is a bump, by legal purposes, does this mean I can't use this in a court of law to support my case? For instance, I use the game to demonstrate how I was in an accident, and to prove the other driver is at fault, is this therefor contradictory to said agreement?

    Oh, and may I say I am not questioning this document, and/or the staff/ legal professionals who wrote this. It is simply something that bothered me.
     
  19. kazooie911

    kazooie911
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    who would read this. its a game
     
  20. gigawert

    gigawert
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    People looking to sue BeamNG for whatever reason (people, why tho)
    People who want to know what they can and can't do with their copy of the game/modders finding out their rights
     
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