Is my work mine?
Pixelgun
Member Posts: 111
If I make a successful game do I have to worry about Gamesalad licensing it and taking my profits out from under me? this ominously numbered paragraph of the ToS makes me hesitant to develop with GS.
Also is compiling a GS game equal to SUBMITTING as the term is used in this paragraph?
Also is compiling a GS game equal to SUBMITTING as the term is used in this paragraph?
13. License Grant From You For Services
AS BETWEEN YOU AND GAMESALAD, YOU RETAIN OWNERSHIP OF ALL YOUR COPYRIGHT AND/OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO, OR EMBODIED IN, YOUR SUBMISSIONS. You hereby grant GameSalad an irrevocable, perpetual, non-exclusive, worldwide, fully paid-up, royalty-free, transferable, sublicensable (with the right to sublicense through multiple tiers) license (in any media, whether now known or hereafter developed) to reproduce, create derivative works from, distribute, publicly perform, publicly display, modify, adapt, enhance, and otherwise use, the Submissions that you provide to GameSalad, solely for purposes of: (i) developing, creating, testing, delivering, maintaining, and supporting each Executable Package for use by you within the scope of the Services; (ii) hosting, publishing, publicly displaying and publicly performing each Executable Package on the Site at your request, and making such games available for use by users of the Site and Services; (iii) enabling Third Party Web Sites to embed all or portions of your Submissions into their web sites; (iv) marketing and promoting the Site and Services; and (v) hosting, providing, maintaining, adapting, enhancing, modifying and otherwise improving the Site, Services and Software. EXCEPT TO THE EXTENT YOU REQUEST GAMESALAD TO SELL YOUR SUBMISSIONS ON YOUR BEHALF PURSUANT TO PUBLISHING SERVICES THAT GAMESALAD MAY OFFER UNDER SEPARATE TERMS OF SERVICE, GAMESALAD WILL NOT SELL YOUR SUBMISSIONS TO ANY THIRD PARTY. GameSalad is not required to provide: (a) any attribution to you in connection with your Submissions, except to the extent you request attribution as set forth below; (b) any prior notice to you of any use of your Submissions for the purposes specified in clauses (iii) or (iv) of this section; or © any fees, royalties, or other payments to you. You may remove your Executable Package from the Site by accessing your Account and following the removal procedure specified on the Site; provided however, that such removal will not affect GameSalad’s continued right to use your Submissions pursuant to clauses (iii) and (iv) of this paragraph.
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Comments
Think about how bad that would be for their PR? Any remotely successful dev would leave gamesalad once they heard about it.
Yes, they have a trial version that doesn't watermark your creation. Also, GameSalad isn't free if you want the splash screen removed.
Does anyone know if there's two different agreements... free version and Pro?
The GameSalad people don't seem like bad guys looking to take advantage of their users but I don't know them personally. My only assurance of what to expect from them is written in the contract that is their ToS and since I agree to it by using their software I had better be ok with what I'm agreeing to. If I don't make sure I'm ok with it then I'm not being careful to cover my butt.
… the engine is what makes it all happen!
be happy that we have our GameSalad Creator … were would you be without GS?
@};- MH
So according to SSS that's what (iv) means. But what does that include. That is extremely broad. It possibly could mean they could do anything they want with your game as long as it is couched as promoting that it was made with GS. Heck, one might even argue that they could put the entire game (without your permission) on their website as an HTML game, as an example of something made with GS. That would suck because the HTML 5 games play like utter crap on devices (which ultimately makes your game look like crap). Also, one could argue they could use any of the artwork in their advertising. What if how they do it looks like crap, or it's done in a way that offends you. Is that what they actually mean, in a legal sense, who knows. If they do mean that, can you do anything about it, who knows with such broad and vague TOS terms?
Would they do any of that? I hope not, and don't think so. But we really don't know, nor can we see into the future.
In my personal opinion, that provision has no business in the TOS for paying pro users (I can see the reasoning for free users). Could you imagine Cannon being able to use a famous photographers photos to advertise Cannon without permission each time from the photographer mearly because an insert in the package said the photographer was agreeing to that by purchasing and using the camera.
But in the end the TOS terms are the TOS terms, and if we want to use the software, there may be nothing we can really do, except complain (or later sue if we need to contending that they are not enforceable in the way they are being enforced). But anyone that is concerned should really get a legal opinion from their own lawyer rather than relying on what others say the TOS terms mean.
On a brighter note, I love the actual GS software.
People should not be giving legal advice as to what the TOS mean on this forum. That is why my post made no attempt to interpret what the TOS mean but rather pointed out that some people may interpret them in different ways and who knows what they mean in the legal sense. Instead, if people are concerned, they might consider getting an opinion from their own lawyer.
"(ii) put it on arcade if you request us to ("hosting, publishing, publicly displaying and publicly performing each Executable Package on the Site at your request, and making such games available for use by users of the Site and Services;")"
So if we request that it NOT be used in the arcade or anywhere else that offers our game up for free... then it can't be used?