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LICENSE
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VGG License
Version 1.0, Oct 2023
https://www.verygoodgraphics.com/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 11 of this document.
"Licensor" shall mean the copyright owner, which is VeryGoodGraphics LTD
("VGG").
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical or manual
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
"Commercialization" shall mean any redistribution or any other
commercial behavior of the Source, the Object, the Work or the
Derivative Works that generate incomes or revenue.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form. Exceptions
may apply regarding charges and royalty fees, as specified in this
License.
3. Grant of Patent License. Subject to the terms and conditions of this
License, each Contributor hereby grants to You a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable patent license to
reproduce, prepare derivative works of, publicly display, publicly
perform, sublicense, and distribute the Work and such Derivative Works in
Source or Object form, where such license applies only to those patent
claims licensable by such Contributor that are necessarily infringed by
their Contribution(s) alone or by combination of their Contribution(s)
with the Works or Derivative Works to which such Contribution(s) was
submitted. If You institute patent litigation against any entity
(including across-claim or counterclaim in a lawsuit) alleging that the
Work or a Contribution incorporated within the Work constitutes direct or
contributory patent infringement, then any patent licenses granted to You
under this License for that Work shall terminate as of the date such
litigation is filed. Exceptions may apply regarding charges and royalty
fees, as specified in this License. Any generation of income or revenue
based on the granting of a Patent License shall be deemed as
Commercialization.
The patent rights and patent application rights for the Source, Object,
and Work belong to the Licensor. You are not allowed to apply for a
patent using or based on the Source, Object, or Work.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License; and
(e) You must pay the royalty while it applies according to this
License; and
(d) You may not remove or alter any license notices (including
copyright notices, disclaimers of warranty, or limitations of
liability) contained within any Work or Derivative Works.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
10. Royalty: Any Commercialization must subject to Royalty. The Product
under Commercialization is referred to as "Royalty Products".
(1) Before your Commercialization, you must give VGG of your intended
Commercialization ("Notice of Commercialization") as early as
reasonably possible and in any event prior to the Commercialization.
(2) You agree to pay VGG a royalty equal to 2% of all Royalty Revenue
(as defined in the next section), regardless of whether that revenue
is received by you or any other person or entity. Royalty payments
are calculated by multiplying the royalty rate of 2% by the Royalty
Revenue. "Royalty Revenue" means all worldwide gross revenue
attributable to each Royalty Product minus any allowed exclusions.
(3) Worldwide gross revenue includes all revenue directly generated by
your Royalty Product, regardless of who receives the revenue and
regardless of whether you Commercialize your Royalty Product to end
users directly, self-publish via the App Store or any similar store,
or work with a publisher or distributor. Royalty Revenue includes
gross revenue:
i. resulting from any and all sales of a Royalty Product to end
users through any and all media, including but not limited to
digital and retail;
ii. resulting from any and all in-app purchases, downloadable
content, micro transactions, subscriptions, sale, transfer, or
exchange of user-generated content for use with a Royalty
Product, or redemption of virtual currency which directly
affects the operation of the Royalty Product, whether redeemed
within the Royalty Product or externally;
iii. from any Kickstarter or other crowdfunding campaign which is
directly associated with Royalty Product access or in-Royalty
Product benefit (e.g., in a multi-tiered campaign, if an amount
is established in an early tier solely for Royalty Product
access, your royalty obligation will apply to that amount for
each backer with the same access, but not on additional amounts
in higher tiers based on ancillary benefits);
iv. from in-app advertising and affiliate programs;
v. from any advance payments for a Royalty Product (from a publisher
or otherwise);
vi. received in connection with a Royalty Product's inclusion in a
streaming, subscription, or other game-delivery service (e.g.,
Apple Arcade, Microsoft GamePass, or any similar or successor
services), including without limitation development funds and
bonuses; and
vii. received in any other form actually attributable to a Royalty
Product (unless excluded below).
However, some gross revenue is excluded from the calculation of
Royalty Revenue Quarterly exclusion: You will not owe VGG any
royalty payments for calendar quarters in which you don't reach a
certain threshold. The following is excluded from the calculation of
Royalty Revenue: the revenue attributable to a Royalty Product from
a calendar quarter during which the gross revenue for such Royalty
Product is less than $10000.
Within 45 days after the end of each calendar quarter in which you
earn Royalty Revenue, you must report the Royalty Revenue to VGG on
a per Product basis and pay VGG 2% of the Royalty Revenue.
VGG reserves the right to charge a 2% late fee, per calendar quarter
(compounding), for any amounts unpaid after the required due date.
Except to the extent required by applicable law, all payments, fees
and royalties are non-refundable under all circumstances.
You are responsible for all taxes on all payments required to be
made by you under this License. If you are required by a government
agency to reduce your payment to VGG for any reason, you are
required to provide sufficient documentation to VGG supporting the
withholding. VGG cannot answer your questions about withholding
taxes or taxes in general.
11. Governing Law and Jurisdiction. Any dispute or claim by you arising out
of or related to this License will be governed by English law. Any
dispute, controversy or claim, arising out of or in connection with
this License, or the breach, termination or invalidity thereof, shall
be finally settled by the courts of England. The English language shall
be used in the arbitral proceedings.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the VGG License to your work.
To apply the VGG License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets "[]"
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the VGG License, Version 1.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
https://www.verygoodgraphics.com/licenses/LICENSE-1.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.