EULA

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NeonBits

Guest
It's complicated enough to make a game, the EULA is the least interesting part. Still, it's necessary; specialy with the neighboors I have. But it's like a wall, an obstacle; still, it's easy to make a EULA, I think.
Hi, welcome to the game!
I did the best to entertain you.
You can play and have fun.
Don't do anything else.
Hey, I must eat and make the family happy.
If you don't accept, delete.
You have 30days for a refund.
Strangely, they say it's not clear enough for people with great IQ. So I'm looking at Blizzard and SquareEnix EULA for exemples on how I should write my own. I was wondering if I could just copy the parts I want and change the company's name with mine. Or EULA are copyrighted too and I must use my own expressions? They're smart "if you wanna get legal, you agree to do this in our city" ahah ... ehhmm, no, when reading an EULA, videogames don't feel so funny in the end.
 

YellowAfterlife

ᴏɴʟɪɴᴇ ᴍᴜʟᴛɪᴘʟᴀʏᴇʀ
Forum Staff
Moderator
GameMaker games come with a default EULA that's pretty much that - you can see it when creating an installer (or on yoyogames site)
 
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NeonBits

Guest
Yes, I've read it, but compared to others, it's so short and simple that it feels something is missing and that details are necessary.
 

Pfap

Member
GameMaker games come with a default EULA that's pretty much that - you can see it when creating an installer (or on yoyogames site)
That is only for the desktop exports right? Or maybe it applies to the others, but I've never come across it. I did a quick search for open source eula, I thought for sure GitHub might have a collection of open source documents that could be fitted for most projects. Anyways, I came across this website https://eulatemplate.com/generator I'm not sure if it would work, and I'm obviously not a lawyer, but I would agree with you that all this user agreement and privacy policy url's needed to launch software can be tiring.
 
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NeonBits

Guest
That is only for the desktop exports right? Or maybe it applies to the others, but I've never come across it.
It's in "global game settings", "windows"; "installer"; section on the right; there's an icon to open the licence file (GM1.4)
 
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NeonBits

Guest
Hah, I went on google search, ended in another site, and thought its EULA was the customazible version from your site. I posted it here, saw my mistake and removed it. I must be tired. Yes, your exemple is like the real thing. It feels as if those things are mass produced. So I guess it means I can pick the parts I want from Blizzard and Enix, and edit to reflect what I wish? Oh well, maybe it's better to get creative again instead..
 

Pfap

Member
Hah, I went on google search, ended in another site, and thought its EULA was the customazible version from your site. I posted it here, saw my mistake and removed it. I must be tired. Yes, your exemple is like the real thing. It feels as if those things are mass produced. So I guess it means I can pick the parts I want from Blizzard and Enix, and edit to reflect what I wish? Oh well, maybe it's better to get creative again instead..
The website I linked to has a homepage where they list a bunch of other companies eula's and they say you are free to customize the template. I think a lot of countries and most states treat smaller entities gently if they are brought to court unless the charges are just blatant. I was reading some government documentation on certifying apps as being child friendly and it was overwhelming, but they had a separate section for small businesses, which helped simplify things. I would say as long as you are genuine you should be fine, you know just don't sell email addresses or link to porn sites.
 
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NeonBits

Guest
Hah, my project is more experimental than a game, but it's a game in the end. It doesn't collect anything nor monitor activities. So no third parties. It's a game for the fun of playing. So I guess I'm fine on the genuine side ; D
 
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NeonBits

Guest
Well, how bout this prototype. Last paragraph was copied and one part of Yoyo's original EULA was added. Is it sufficient, too much, not enough? I'm thinking of removing the part about broadcasting; feels weird to say no to videos about it, but to say yes would just spoil the few things that happen in the game. But reviews are fun... Maybe ask for a few months after the game is published or to keep it simple; but it's so simple already, it's not like there's many levels
"Game-Name" (Software Product)
By "DEV".
All rights reserved to "DEV".

This End-User Licence Agreement ("EULA") is a legal agreement between you and "DEV".
If you're under the legal age in your country, ask your parents, or the person in charge, to read this "EULA" for permission to use this software Product.

The Software Product is licensed, not sold. By using this Software Product and its content,
you accept the terms and conditions of this "EULA".

Non-Exclusive Licence;
if you have bought this Software Product in any of the registered online stores such as
"Store1" "Store2" "Store3" "Store4", you are permitted to have/launch this Software
Product on one computer that you own at home, for your own private non-commercial use, and
to make backups of this Software Product on your private offline storage device.

You are not permitted to transfer, distribute, modify, adapt, create derivative works based on
any part of the Software Product, translate, reproduce, merge, decompile, disassemble, or reverse engineer, nor remove, or tamper with any copyright, trademark or other notice, rent, lease, sub-license, loan, copy/exploit for profit or gain, broadcast, publicly perform, or otherwise deal in the Software Product or any part thereof in any way; nor use this Software Product for illegal, unlawful, immoral purposes.

This Software Product was made using GameMaker. GameMaker is the intellectual property of
YoYo Games Ltd, a company of the United Kingdom. YoYo Games Limited (“YoYo Games) is not
involved in the creation of this game except only that it was made using GameMaker. All copyright and other intellectual property rights in GameMaker and parts of it included in the Software Product belong to and vest in YoYo Games. All rights of YoYo Games are hereby asserted and reserved. All trade marks are the property of their respective owners and YoYo Games makes no warranty or representation in respect of and has no responsibility and excludes all liability for any trade mark or third party content. The rights granted in this license are non-exclusive. If you have a problem with this Software Product, please contact "DEV", not YoYo Games.

"DEV" does not warrant that the Software Product provided "AS IS" will function on all computers and without interruption, nor that it is error-free, or that any will be fixed. If this Software Product fails to run, you have 30 days for a refund, starting at the day of purchase. The use of this Software Product is your decision. "Yoyo Games" and "DEV" are not responsible for any damage to your computer hardware, data or software. This Software Product was made on (system specification); please, make sure your system meets the minimum system requirement.

Termination;
If you do not accept this "EULA" or do not follow its terms, you must delete this Software Product and all its contents from your computer and backup storage.

This "EULA" was made in (country) and any dispute shall be resolved in accordance with the law of (country). You agree that any legal proceeding by one of the parties against the other shall be commenced and maintained in the local area where "DEV" is currently located. This "EULA" may be amended, altered or modified only by an instrument in writing, specifying such amendment, alteration or modification, executed by both parties. In the event that any provision of this "EULA" shall beheld by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible and the remaining portions of this "EULA" shall remain in full force and effect. This "EULA" constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.
If you are one of my neighboor, or one of their relatives or contact, you are not allowed to have or use this Software Product unless you have paid one million dollars to "DEV".
 
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Pfap

Member
No critics? Then it's true; noone reads eula these days : /
I think it may be more along the lines that nobody here is qualified to be a critic of EULA's. Also, I think you are right about few people reading them. I'll skim them really quick and if it all "feels" normal I just click accept. What's that quote... "locks don't keep criminals out they just keep honest people honest", I think the same could be said about EULA's.
 
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NeonBits

Guest
I was wondering if the part on YoyoGames was ok too. I think I've read somewhere that they want to appear in the EULA; I was hoping for a "oops, you've missed that point and this detail..." or "you're not supposed to edit the EULA already made in GameMaker". And maybe also "oops, that's bad" or "hmm, that point won't help you in the long run". Well, a few advices. I thought it would be one of their favorite subject..

I think it may be more along the lines that nobody here is qualified to be a critic of EULA's.
That's bad news... then noone has published any game with GameMaker O. o!!
 
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Tsa05

Member
Your EULA should state a limitation on damages. You have an indemnification clause, but you should also have a limitation. That's coming from lawyers, not from me.
But it makes sense. In some cases, your EULA might simply state the maximal amount of liability for which you may be held responsible (usually the purchase price). In more extenuating circumstances (eg, big companies, complicated software, online services) where there's a reasonable concern that a claim could be made that some aspect of the product adversely affected additional activities, productivity, use, etc of external factors, the EULA will ALSO do this kind of thing:
In no event will DEV be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the program, including damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, even if DEV has been advised of the possibility of such damages.

There's a subtle difference between responsible and liable ;D

And yep, have to keep YYG's part in there, since their engine is bundled with the software.

Other little things:
Your EULA tells minors to check with their parents for permission to use the software. "Check with your parents" is friendly, easy-to-read language, but also does not specify how the terms of the agreement work; usually, if a EULA mentions young people, it does so to state that a parent or guardian must accept responsibility for upholding the terms of the license agreement. The statement is always such that it assigns responsibility or is simply left out.

EULAS do not frequently mention return/refund policy, but when they do, it is again for specific reasons--often to clarify a stance that is outside of the usual consumer protection laws of the home jurisdiction. (For example, if 15 day refund is guaranteed, but you wish to offer 30 days). To that end, the EULA will usually state the modified refund policy for the jurisdiction in which the developer is based, and will then also disclaim that outside of stated jurisdiction, right of return is governed by the purchaser's statutory rights in the jurisdiction where the software was purchased.
 
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NeonBits

Guest
Your EULA should state a limitation on damages (...) : In no event will DEV be liable for special, incidental, or consequential damages resulting from possession, use, or malfunction of the program, including damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, even if DEV has been advised of the possibility of such damages.
There's a subtle difference between responsible and liable ;D
Yes, I'll change for "liable". But I thought it was sufficient in this part..
The use of this Software Product is your decision. "Yoyo Games" and "DEV" are not responsible for any damage to your computer hardware, data or software.
The way I see it, "special" "incidental" sounds empty. "Consequential damages resulting from possession, use, malfunction (...) damages to property, loss of goodwill, computer failure" seems unecessary as it is understood already that the person has the software with its eula where "no liability for any damage" is stated (then consequential). "Personal injuries /or death", I must not be the only one to find this funny; what's the explanation for this, it's a software we're talking about. "Even if DEV has been advised of the possibility of such damages" now that sounds like a weakness to exploit; technical problem that could result into potential damage was ignored.
Your EULA tells minors to check with their parents for permission to use the software. "Check with your parents" is friendly, easy-to-read language, but also does not specify how the terms of the agreement work, (...) a parent or guardian must accept responsibility for upholding the terms of the license agreement. The statement is always such that it assigns responsibility or is simply left out.
In its eula, "GoG" gives an explanation on why it request parents or gardian to read and accept the terms. It has something to do with the different country's standart for approval, I think. I thought by following with : "By using this Software Product and its content, you accept the terms and conditions of this EULA." that it was sufficient to make it clear that the person in charge must accept the terms to use the product...
EULAS do not frequently mention return/refund policy, but when they do, it is again for specific reasons--often to clarify a stance that is outside of the usual consumer protection laws of the home jurisdiction. (For example, if 15 day refund is guaranteed, but you wish to offer 30 days). To that end, the EULA will usually state the modified refund policy for the jurisdiction in which the developer is based, and will then also disclaim that outside of stated jurisdiction, right of return is governed by the purchaser's statutory rights in the jurisdiction where the software was purchased.
Thanks for the lesson. I wonder if this should not be left to the online store..
Well, yay, I got one critic! Thanks Tsa05. Seems that simplifying things doesn't help in a eula. If anyone else wants to add anything, it's open.
 
In my opinion, you should get a lawyer to check it rather than taking feedback from an online forum. It's supposed to be a legal document (although I have heard there is debate about their enforceability in general ).

On the other hand, the feedback is fine I guess, but the final version should be checked by someone who is qualified.

That might be one of the reasons for a low response rate here.
 
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NeonBits

Guest
In my opinion, you should get a lawyer to check it rather than taking feedback from an online forum. It's supposed to be a legal document (although I have heard there is debate about their enforceability in general ).
It makes me smile when I read:
This Agreement is effective upon your acceptance, and shall remain in effect until it is terminated
...

That might be one of the reasons for a low response rate here.
And I thought dev would have been proud to share about their experience on publishing their games ..
 
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