Game Development Community

Commercial EULA (3)(a)(iv)

by Steven Joseph · in Torque Game Engine · 12/06/2006 (11:42 pm) · 2 replies

[Licensee may not] (iv) create a Product which is itself a game engine or game-making tool without the express written consent and permission of GarageGames;

After becoming most impressed with the Torque engine, I'm researching the possibility of using it in an upcoming commercial game. One part of the game is inspired by Blizzard's Warcraft 3, or more specifically, their World Editor tool. For those not familiar, the World Editor is a combination mapping, model importing, and scripting tool that users can use to easily create their own WC3 map files, essentially creating content for use strictly within the Warcraft 3 game engine. While this user generated content was not the primary focus for the WC3 game engine, it certainly went a long way to extend the life of the product.

Likewise, it is part of our design to create and ship a similiar tool, allowing users to create their own "mini games" which can be shared with other users. These "mini games" would be comprised entirely of script, and are unplayable without the full version of our retail game. In fact, they must be actively logged in and playing the game in order to access any "mini game." (Except for development, which does not require them to be logged in, but does not allow any non-AI multiplayer or networking feature.)

In short, the resulting output from using this tool would be a file that can only be run from within the confines of our game.

Would developing and shipping this tool with our game violate the clause stated above?
Who should I contact about obtaining such permission? (support@garagegames.com seemed more for technical support than for legal.)

Thanks in advance for any help anyone can provide.

#1
12/07/2006 (12:30 am)
As you describe, specifically restricted to being used while playing you're game (and your game is more than just a place to play 2d mini-games of course), this does not violate that clause.

The clause is just there to keep people from making game engines with our technology by changing the window dressing.
#2
12/07/2006 (2:46 pm)
We expect user created mini games to be very popular in the Game, but they will not comprise the majority nor be the central focus of the Game. It is certainly not our intention to redistribute your game engine with our logo, or something insidious like that. ;)

It may come to pass that our legal department may want to persue this further in coming months, only because the wording of 3-a-iv leaves what we are proposing open to interpretation. Who can we contact to discuss this further and get explicit written permission if it's deemed necessary?