Oops, forgot I was going to attach a license for an Asset as an example. I've underlined the important stuff.
Quote: "
COMMERCIAL LICENCE OFFER
This document represents an irrevocable offer made by the Seller (as defined below) to the Customer (as defined below) to enter into a legally binding contract on the terms described below.
This offer is irrevocable and may be accepted at any time by the Customer notifying the Seller of its acceptance of the offer. Notification may be made by sending an email to the email address below with the full name of the Customer in the subject line followed by the words "accepts the commercial licence terms for wallbomb".
The email address is:
[email protected]
TERMS OF THE COMMERCIAL LICENCE
This Licence Agreement is dated 5th of January of 2010 between Jonathan Hay (the "Seller") and Jonathan Hay (the "Customer") and concerns the asset known as wallbomb (the "Asset").
Grant of Licence
In consideration of the Customer's promises herein (including without limitation the Customer's obligations in clause 7 of this Licence Agreement) the Seller hereby grants the Customer a personal, non exclusive, perpetual, non transferable, royalty free licence to:
modify Assets and integrate Assets in "Commercial Games" (as defined below) created using FPS Creator, FPS Creator X10, Dark Basic Professional, Dark GDK or in other Games; and
issue copies of such Commercial Games (and permit others to issue copies of such Games) to the public for commercial purposes.
A "Commercial Game" is a Game which is either: (i) commercially exploited by any person (including, by way of example only, a Game which is distributed in return for payment or any other benefit); or (ii) reproduced in more than 100 copies.
A "Game" is an entertainment software game whose sole purpose is to entertain its user without further modification. 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; and (b) any software library, compilation or collection of graphics and / or sounds and / or other assets or works from which a particular graphic or sound or other asset or work 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.
Restrictions
The Customer represents to the Seller that the Customer is either a body corporate or an individual of at least 18 years of age.
The Customer agrees that the Customer shall not copy, distribute or resell the Asset (or grant to others the right to use the Asset): (i) as a standalone product, or (ii) together with other assets or works in any way which allows the buyer / licensee to use the assets in other products; or (iii) in any product whose content or exploitation is unlawful, or breaches any regulation or contract or property or other right of any third party.
Ownership of rights in the Asset
All intellectual property rights in and relating to the Asset are the property of the Seller and no such rights are transferred to the Customer. No such rights are licensed to the Customer except as expressly provided in the limited licence above.
Copyright Notice
It is a condition of the licence above that the Customer shall ensure that any Commercial Game which includes the Asset shall display the following notice in a prominent place easily accessible by the end user of the Commercial Game (such as the credits section) and on any packaging for the Commercial Game if distributed on or in any physical media:
Some or all of the game assets used in this game are (c) Jonathan Hay.
All Rights Reserved.
Representations and Warranties
The Seller hereby represents, warrants and covenants to the Customer that:
either: (A) the Seller is the sole author of the Asset, the first owner of the copyright in the Asset and that the Asset is the original work of the Seller; or (B) the Seller has a valid, legally binding and irrevocable written licence from the author and first owner of the Asset which expressly permits the Seller to make the promises and to grant the rights in relation to the Asset set out in this Licence Agreement;
the Seller has the right to enter into this Licence Agreement and to grant the rights in relation to the Asset set out in this Licence Agreement;
the use and exploitation of the Asset by the Customer and any licensee or assignee of the Customer shall not infringe the Intellectual Property Rights (as defined below) or moral rights or other rights of any third party;
the Seller has not entered into (and shall not enter into) any agreement or arrangement and have not done (and shall not do) any act or thing which shall (or might) inhibit, restrict or impair the exploitation of the licences the Seller has granted in this Licence Agreement;
the Asset is free of any bug, error, virus, trojan horse or fault and corresponds to any description which the Seller has given to it and does not include any hidden content which the Seller has not disclosed to the Customer prior to the Customer's first use of the Asset;
the Asset is not libellous or offensive or racist or discriminatory, and does not insult or offend any group (including any religious group), or feature Nazi symbolism;
the use of the Asset by the Customer or any third party in any manner shall not contravene any law or regulation in the United Kingdom, the United States of America or the Seller's country of residence nor, to the best of the Seller's knowledge, shall such use contravene any law or regulation anywhere in the world; and
the Asset does not include any advertisement or promotion for any goods or services provided by the Seller or any third party.
The term "Intellectual Property Rights" means copyright, registered and unregistered designs, database rights, registered and unregistered trade marks and trading names, patent rights, know-how, performance rights, goodwill and applications for any of the same and other rights of a similar nature enforceable anywhere in the world.
Jurisdiction
This Licence Agreement is subject to English law and the Seller and the Customer each irrevocably submits to the exclusive jurisdiction of the English courts. No term of this Licence Agreement is enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any third party who is not a party to this Licence Agreement."
