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Dark GDK / DarkGDK.Net License - Can someone help me out here....?? shareware only? huh?

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jason p sage
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Location: Ellington, CT USA
Posted: 12th Dec 2008 13:33
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The DarkGDK page says about DarkGDK.Net(2):
Quote: "This version of Dark GDK .NET comes with an un-restricted royalty-free license."
Yet the commercial "eula" I just read that comes with SEEMS to be worded such that you can only make SHAREWARE games? This can't be right... can it? I mean... I'm hoping I'm just reading the EULA wrong - but my wife agrees... that the EULA appears to state only shareware games can be created with it and that you have to put "made with DarkGDK" all over any packaging and on the game itself - in the eula you distribute or something...

Can anyone shed some light here? I really hope I'm just reading it wrong... because its not TGC's style to mislead plus I'd feel duped if I read "unrestricted" and decided to buy just to be restricted once I purchased it.

--Jason


http://www.jasonpetersage.com/?PAGE=ironinfantry&SECTION=ironinfantry
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Yoda Master
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Posted: 12th Dec 2008 13:46 Edited at: 12th Dec 2008 13:46
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O_O

I hope I've read it wrong too!!!

Please TGC, let us know!

Fear leads to anger
Anger leads to hate
Hate leads to suffering
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CodeGit
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Posted: 12th Dec 2008 14:25
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I'm sure its just a mistake in the EULA. I definitely read on the purchase page that it was un-restricted and royalty free.

thanks
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jason p sage
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Posted: 12th Dec 2008 14:56
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I hope so... though a license agreement is more tangible than a web page


http://www.jasonpetersage.com/?PAGE=ironinfantry&SECTION=ironinfantry
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Mike Johnson
TGC Developer
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Posted: 12th Dec 2008 15:51
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The license agreement may not be very clear but it is un-restricted and royalty free. I will check out the pages and see if anything needs to be adjusted.
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Yoda Master
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Posted: 12th Dec 2008 16:23
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@Mike Johnson: Thanks

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tiresius
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Posted: 12th Dec 2008 17:39
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I was surprised by the Shareware statement, but since that's probably the only way I could distribute something to sell, I was okay with it.

I'm not a real programmer but I play one with DBPro!
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jason p sage
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Posted: 12th Dec 2008 20:18
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LOL - Sounds like Mike Johnson.. (perhaps I'm jumping the proverbial gun) has just confirmed that CodeGit was right... and I'm very pleased. The intent of TGC sounds like its inline with what I signed up for! Woo Hoo
--Jason


http://www.jasonpetersage.com/?PAGE=ironinfantry&SECTION=ironinfantry
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Niels Henriksen
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Posted: 12th Dec 2008 21:04
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Who is reading the EULA???

Niels Henriksen
www.tales-of-the-realms.com
if Microsoft can sell software with bugs, so can I.
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UberMan
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Posted: 13th Dec 2008 10:36
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*calls Hitman again and says*:

I dont need you anymore, he said it was a mistake.



=P
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Quantum Fusion
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Posted: 16th Jan 2009 02:17
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If the Shareware part is a mistake then why is still in the EULA (which I just downloaded, to see if it was changed).




Further more;

Quote: "3. Ownership
You own only the media (or authorised replacement) on which the Software is recorded. You may retain that media on termination of this Agreement provided the Software has been erased. The Owner shall at all times retain ownership of the Software as recorded on the original CD-ROM or otherwise and all subsequent copies of the same regardless of form. Accordingly, the owner continues to own copyright in the Software including any part of the Software (whether modified or not) which is comprised within a Shareware Game. This Agreement applies to the grant of the licence contained in this Agreement only and not to the contract of sale of the media. "


I'm a little concerned over this part, because couldnt this be a legal loop-hole that can give TGC ownership of a game's engine/source (excluding the media assets).

Dual-Core Pentium D @ 3.00GHz, 1.0 GB nVidia GeForce 8500 GT, 20" Wide screen LCD @ 10,000:1 Contrast, 4.0 GB DDR2 SDRAM, Triple-boot: 32-bit Windows XP MCE, 64-bit Vista, 64-bit Linux Ubuntu
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jason p sage
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Posted: 16th Jan 2009 02:50
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I think its good that you bring this up .. but again, TGC's integrity has never been in question to my knowledge, and I sense they are busy working to make us all happy long time customers.

If you make a block buster game - TGC would gain much more by touting your great works with their engine than trying to take ownership of those works

--Jason


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Quantum Fusion
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Posted: 16th Jan 2009 18:07
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Quote: "I think its good that you bring this up .. but again, TGC's integrity has never been in question to my knowledge, and I sense they are busy working to make us all happy long time customers.

If you make a block buster game - TGC would gain much more by touting your great works with their engine than trying to take ownership of those works"


Unfortunately, in today's world business is business and things like EULA's, contracts, and written agreements are the final say in any legal dispute.

I've dealt with enough contracts and agreements to know when something is left open to legal interpretation that can burn you.

And the above quote I posted previously is a good example of "legalese" speak that leaves much open to interpretation to a judge and lawyers that can easily make you lose everything you create.

Unfortunately again, in business today, trusting someones "word" or "faith" they wouldnt do such things is foolhardy.

So until TGC (or Lee himself) officially releases a written statement saying otherwise to our assumptions in the previous posts (that you forfeit all ownernship rights to whats created with DarkGDK).

Dual-Core Pentium D @ 3.00GHz, 1.0 GB nVidia GeForce 8500 GT, 20" Wide screen LCD @ 10,000:1 Contrast, 4.0 GB DDR2 SDRAM, Triple-boot: 32-bit Windows XP MCE, 64-bit Vista, 64-bit Linux Ubuntu
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jason p sage
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Posted: 16th Jan 2009 22:19
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I can not dispute that reasoning.


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Jumpster
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Posted: 26th Jan 2009 00:01
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Legally speaking, there is no loop-hole here. You asked about the interpretation; he told you the intentions of the meaning. He then said that he would fix it in the EULA. Now, if you are still worried, you have this forum posting as a supporting document; that is unless it were to mysteriously vanish from existance...

Regards,
Jumpster
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Sunflash
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Posted: 26th Jan 2009 06:13
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Has a forum post ever been used as evidence in a court of law before?

Mountain Dew, happiness in a bottle.
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Matty H
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Posted: 26th Jan 2009 13:30
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This thread is getting very interesting.
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jezza
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Posted: 26th Jan 2009 19:03
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Better screenshot this in case Mods try and remove evidence xD
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Lilith
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Posted: 26th Jan 2009 20:27
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Screen shots can be faked.

Lilith, Night Butterfly
I'm not a programmer but I play one in the office
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jason p sage
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Posted: 27th Jan 2009 02:21
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Quote: "This thread is getting very interesting"


not Really...


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Matty H
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Posted: 28th Jan 2009 13:28
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Quote: "This thread is getting very interesting"


Quote: "not Really..."


Yes really...

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