Game Development Community

iT2D EULA update: Feedback requested

by Brian Szatkowski · in iTorque 2D · 09/22/2010 (7:26 pm) · 3 replies

For those that have been wondering about the EULA and non-game works on which you might be working, I had posted this message two weeks ago to Donald "Yadot" Harris' Employee Blog entry: Torque for SBIR/STTR Development, and am still waiting for a response.

Post
--------------------------------------------

Hi All;

I would like to reiterate my question from about two months ago:

16JUL10
Quote:
Are we allowed to develop "non-game" apps for the iDevices covered by our license?

The original responses were:

Mich -
Quote:
This issue has popped up in the forums and in IRC previously. I think the iDevice platform is somewhat unique when it comes to uses and distribution, and it's apparent our licensees agree. I plan on having a discussion with the team regarding section 2.4 of our EULA in regard to the non-game clause.

Donald -
Quote:
...I think what we have done is exposed some areas in our EULA which will be reviewing next week. Be patient Mich or I will respond soon with a sure answer.

Eric -
Quote:
...it isn't our intent to limit small companies from doing non game work

My gut feeling is that we will need to update the current Eula to be more explicit on our desire to support all indie development at a fair price.



Can we please get an update on this topic? As I near the completion of my first app, I need to know whether I can start work on a non-game app concept I have. Additionally, I know this is holding up others such as Henry who are working on non-game titles.

At first glance, this seems like a relatively simple update of the EULA for iT2D and iT3D to remove the non-game clause. There could be circumstances, to which we are not privy, that you wish to avoid. However, without communication, we are left to guess about the future of our ideas.

Eagerly awaiting your response...

--------------------------------------------


Can someone please respond as we've been waiting very patiently for what, at first, seemed would be a relatively quick discussion.
NextNext Thread
PrevPrevious Thread
More from iTorque 2D


Torque 3D Owner Marc Dreamora Schaerer
Gayasoft
#1
09/22/2010 (8:08 pm)
Its interesting that this topic is a topic at all anymore as GG last year removed the non-game usage restriction clause from all EULAs so somewhen along the line it got readded again? I hope someone just choose to hook up the wrong file as such major unpredictability would be a serious issue

Associate Scott Burns
GG Alumni
#2
09/22/2010 (8:12 pm)
The last few details of the new unified EULA were only recently ironed out.

As noted in the new EULA, Non-Games in general are now allowed without a waiver if your revenue is under $500,000 a year.

Torque 3D Owner Brian Szatkowski
#3
09/22/2010 (8:57 pm)
Hi Scott;

Thank you for your prompt reply. I have read the newly updated EULA. For those who are interested, here are the pertinent sections that apply to iT2D development:

Quote:
2.1.1. develop and distribute in object code format only, an unlimited number of Games for Personal Computers;

2.1.2. develop and distribute in object code format only, an unlimited number of Non-Games for Personal Computers to the extent that Your gross revenue from the sale of software and related products for the most recent calendar year was less than $500,000;


Quote:
2.2. Special Software Version Licenses.

2.2.1. Apple Mobile Device License. If the Software You have downloaded is a version of iTorque (including Torque for 2D for iPhone or Torque 3D for iPhone), the words “Personal Computer” in Sections 2.1.1 and 2.1.2 shall be replaced with “Apple Mobile Device.”

So, given the above sections, we can read them as...

"2.1.1. develop and distribute in object code format only, an unlimited number of Games for Apple Mobile Devices;"

"2.1.2. develop and distribute in object code format only, an unlimited number of Non-Games for Apple Mobile Devices to the extent that Your gross revenue from the sale of software and related products for the most recent calendar year was less than $500,000;"


Now, not to be a stickler or anything but the wording of 2.1.2 could be interpreted two ways:


  1. The gross revenue for any software or "related products" (<-- that alone is ambiguous) was less than $500k for the last calendar year
  2. The gross revenue for that particular non-game app was less than $500k for the last calendar year

Which interpretation is correct? In the first situation, a company that sold desktop productivity software (not using Instant Action products), which made more than $500k in revenues, would need a waiver. In the second scenario, the iT2D developer, who becomes Apple's first recorded billionaire by selling his or her $15 game app to 100 million iDevice users, can make a subsequent non-game app that grosses $499,999.99 and not need a waiver.