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Dark GDK / Seeking clarification of license.

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Willie Mundermuffin
18
Years of Service
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Joined: 5th Jan 2006
Location:
Posted: 14th Dec 2009 15:01
Quote: "1.4 For the purposes of this Agreement the term "Game" means an interactive entertainment software game whose sole purpose is to entertain its user without further modification and which is made using the Software in accordance with its associated documentation. The term Game expressly excludes:
(a) any software tool or software product which can (or might) be used in order to create further games or other software products;
(b) any software programming language or software development kit ("SDK"); and
(c) any software library, compilation or collection of graphics and / or sounds from which a particular graphic or sound may be extracted to be used independently of the software in which it was first incorporated;
in each case irrespective of whether or not the primary purpose of such software is to entertain its user.
"


This is taken from the DarkGDK license. It seems to state that higher-level engines and/or tools may not be created using DarkGDK. If this is true, why do I see users not only constantly violating this, but TGC sells many of them (Dark Shader, Tree Majik, Plant Life, etc). I was thinking about working on a project of this type and would like clarification as to what is and is not allowed and why some are allowed and others are not.

Thank you.
entomophobiac
22
Years of Service
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Joined: 1st Nov 2002
Location: United States
Posted: 14th Dec 2009 15:09
It's selling the software you're not allowed to do, if it uses the underlying mechanics of the DGDK.

TGC can do whatever they like -- they own the DGDK. That also gives them the right to decide on a case-by-case basis. Besides, a lot of tools are specific for whatever games people are making.

Consequentially, they can also decide on whatever license terms they want.
Willie Mundermuffin
18
Years of Service
User Offline
Joined: 5th Jan 2006
Location:
Posted: 14th Dec 2009 15:13
I figured that much. I guess I'm not expressing myself correctly.

Life would be easier if I had the source code.

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