Releasing my own games with Clickteam tools

[Bijhan]

Alright, so I found this CD while clearing out a friend's basement of the Games Factory 2. Says he got it in a magazine, and he's been dragging it around in a box filled with nerd fuel from house to house (he moves a lot because he can't ever make rent).

So I take the software off his hands and play around with it. I like the stuff, and it's got potential. I think I might want to have a go with this thing and make something fun. Perhaps even profitable!

Thusly, I need to know my legal limitations. The screen at the install said something about a "runtime distribution agreement", but I've searched your site high and low and if such an agreement does exist on the site it sure isn't easy to find! I read on the internet that no one needs to mention that their game was made using a Clickteam product if you get The Games Factory 2 Pro - but this doesn't seem to be a real product! There are also enumerated limitations on the "normal" version of The Games Factory that don't appear in any of the end-user agreements I saw when installing this free magazine version.

So what's up?
1) How many different versions of The Games Factory 2 are there?
2) How many different end-user agreements are there?
3) Which end-user agreement, most specifically regarding distribution of software made using The Games Factory, do I fall under?

Thank you all for your help!

[LB]

Firstly, look in the TGF2 help. All the information you need regarding liscensing and distribution and sales is in there.

@1,2,3: Just TGF1, from years ago. There is also MMF2 (Multimedia Fusion 2) and a Developer version of MMF2. TGF2 and MMF2 are basically the same except that TGF2 has the least features. MMF2 Standard is in the middle, lets you install extensions and avoid the splash screen after applications, but you still need the logo. MMF2 Developer is the best possible one there is, it lets you install ever extension there is, and distrubute applications and games without worry of any liscenes concering Clickteam. They all have different prices, though. And you can always get a discount upgrade.

Comparison: http://www.clickteam.com/website/usa/product-comparisons.html

[Jeff]

Check the help inside the program for the runtime agreement.
Its in there.... but no one looks for it there

There is only 1 version of The Games Factory 2.

[Jeff]

This it what it says in the help:

The Games Factory 2 Runtime Distribution Agreement

In order to distribute your application, your must agree to the The Games Factory 2 Runtime Distribution agreement.

The The Games Factory 2 Runtime Distribution Agreement is a legal agreement that allows users who have created applications with The Games Factory 2 to distribute their applications outside of their organizations. This agreement includes requirements that affect packaging and your application. There is no fee for the use of the runtime. There are no fees to the developer associated with this program. Note: this agreement is subject to change, for the latest run-time distribution agreement, please visit the The Games Factory 2 Web site at www.clickteam.com.


Including the logos

If your application has packaging and you want to sell it, you have to put the "Created with The Games Factory 2" logo onto this packaging. You will find the logo on the The Games Factory 2 CD-ROM in the directory Redist\Logo. Or you will find the logo in the Runtime Agreement file in the download page of The Games Factory 2 on www.clickteam.com.

Are there any applications that don’t have to include the "Created with The Games Factory 2" logo in the packaging?
Yes. You don’t have to include the logo in the packaging:

if your application, game or screen saver is only used within your organization
if your application is distributed at no cost and provides no commercial or marketing benefit

Outline the process to distribute a new application:


1.The Created With The Games Factory 2 logo must be placed on the outside of your product’s package in a location that’s easily visible (not the bottom or top panel of the package) and must conform to the requirements listed in Schedule A.
2.The following copyright notice must appear in the copyright section of the hard copy or electronic documentation: Clickteam The Games Factory 2 Runtime Player , Clickteam 1996-2009.
3.Begin distributing your software.


What standards must an application meet to distribute the Runtime player?
None. Clickteam may, however, deny the right to use the Created with The Games Factory 2 logo in certain cases, but Clickteam will not in any way restrict distribution of developers’ products.

Does the new application have to be sent to Clickteam for approval?
No, you do not need to send your application to Clickteam. After you have built your application with The Games Factory 2 and included the logo, if applicable, you can begin distributing your application.

Other licensing issues

If your application uses QuickTime movies, an Open Database Connectivity (ODBC) database, or DirectX drivers, you may need to distribute the associated drivers with the application. You must license the appropriate drivers from the respective owners before distributing them.

Copyright Owner

QuickTime : Apple Computer, Inc.
Open Database Connectivity (ODBC) : Microsoft Corporation
DirectX : Microsoft Corporation
The Games Factory 2 Runtime Distribution Agreement

WHEREAS Licensee has purchased a legal copy of "The Games Factory 2".

PARTIES

(1) The "Licensor": Clickteam, 69 rue Ampère, 75017 PARIS, FRANCE (and any of its subsidiaries, agents, successors and assigns).

(2) The "Licensee": the party executing this Agreement.


RECITALS

A. This license supplements and amends the Software license issued by the Licensor to the Licensee.

B. The Licensee has developed an Application that the Licensee desires to utilize commercially.

C. The Licensor is willing to permit the Licensee to utilize the Application upon the terms set out in this Agreement.


OPERATIVE TERMS

1. DEFINITIONS

1.1 "Runtime" means the portion of the Software required in order for the Application to operate on hardware on which the Software is not resident.

1.2 "Application" means any software files produced from The Games Factory 2.
1.3 "Logo" means the Created With The Games Factory 2 logo in the form specified by the Licensor.

2. GRANT

2.1 The Licensor grants to the Licensee a non-exclusive, non-transferable, perpetual, worldwide, royalty-free license to incorporate object code copies of the Runtime in to or with the Application and to copy, distribute, display and perform the Application subject to the terms and conditions of this Agreement.

2.2 The Licensee shall not copy, distribute, display or perform the Runtime (or part thereof) except as part of the Application.


3. LICENSEES COVENANTS AND INDEMNITY

3.1 The Licensee hereby indemnifies the Licensor against all costs, claims, actions or demands arising out of the marketing promotion or distribution of the Application.


4. LIMITS TO LICENSOR'S LIABILITY

4.1 The Licensor accepts no responsibility for the quality of the Application, that shall be the sole responsibility of the Licensee.

4.2 It is the responsibility of the Licensee to evaluate the Software and to apply the Software only for uses that the Licensee has evaluated and considered appropriate, and the Licensor accepts no responsibility for the efficiency of the Software in the production of the Application.


5. MARKINGS AND NOTICES

5.1 The Licensee agrees not to remove or hide the Created With The Games Factory 2 Logo displayed at the end of the stand-alone application or screen saver.

5.2 The Licensee agrees to include the following copyright notice in the hard copy or electronic documentation for each copy of the Application which includes the Runtime:

The Games Factory 2 Copyright (c) 1996-2009 Clickteam.

5.3 Section 5.2 shall not apply where the Application is distributed for free and is not of a commercial or marketing nature.

5.4 The Licensor hereby grants to the Licensee a non-exclusive, non-transferable, perpetual, worldwide, royalty-free license to use the Logo on any copy of the Application and all marketing materials used for the commercial exploitation of the Application.


6. TERMINATION

6.1 The Licensee may terminate this Agreement, at any time, by ceasing to distribute the Application that includes the Runtime.

6.2 The Licensor may terminate this Agreement in the event that the Licensee materially defaults in the performance of any material provisions of this Agreement and the Licensee fails to cure such default (whether remediable or not) within 30 days after notice of such default is given to the Licensee by the Licensor.


7. GENERAL

1. The licenses granted to the Licensee in this Agreement are personal to the Licensee, and the Licensee shall not assign, transfer or sublicense this Agreement (or any right granted herein) in any manner without the prior written consent of the Licensor.

2. French Law shall apply to this Agreement and the parties hereby submit to the exclusive jurisdiction of the French courts.







SCHEDULE A

GUIDELINES FOR USING CREATED BY The Games Factory 2 LOGO



Trademarks of Clickteam are valuable assets. In order to protect the value of these assets, Clickteam must maintain control over the manner in which its trademarks are used. These guidelines have been established to assist you. If these guidelines are not followed, Clickteam may terminate your right to use the trademarks.
Clickteam will provide authorized users with camera-ready artwork of the logo. This artwork may not be altered in any way.
You may not display the trademarks on packaging, documentation, collateral or advertising in a manner which suggests that your product is a Clickteam, or in a manner which suggest that Clickteam or the logo are a part of your product name.
When displayed, the logo cannot be larger than or more prominent than your product name, trademark, logo or trade name.
When displayed, the logo must stand alone. A minimum amount of empty space must be left between the logo and any other object such as type, photography, borders, edges, etc. The required border of empty space around the logo must be 1/2x wide, where x is the height of the logo.
You may not combine the logo with any other feature including, but not limited to, other logos, words, graphics, photos, slogans, numbers, design features, or symbols.
The logo may not be used as a design feature on your product, product packaging, documentation, collateral or advertising.

Box Packaging
If your product is being packaged in a box, please disregard the Compact Disc Jewel Case Only guidelines or the Floppy Disk Only guidelines.
Position : If your product will be shipped in a box, the logo must appear on the back, front, or sides of the box. It can not be placed on the top or bottom panels of the box.
Size : The logo must be no smaller than 2" (1.3cm) in height and no smaller than other similar logos on the box.
Color : Two different versions of the logo can be used for print purposes:

Grayscale version (TIFF format)
A full-color version (TIFF format)

The color logo must be used when producing 4 color (full color) artwork on the packaging. They can be used on any background color.

COMPACT DISC JEWEL CASE ONLY
Position : The logo must be positioned on the front or back of the jewel case so that it's visible when the product is shrink-wrapped. It can be on the front of the jewel case insert or on the tray liner.
Size : The logo must be no smaller than 7/16" (1.1cm) in height and must be at least as large as other similar logos on the jewel case.
Color : Two different versions of the logo can be used for print purposes:

A full-color version (TIFF format)
A Grayscale version (TIFF format)

The color logo must be used when producing 4 color (full color) artwork on the jewel case insert. The logos can be used on any background color.

FLOPPY DISK ONLY
Position : The logo must be positioned on the label of the floppy disk on the top of the disk. If the printing is put directly on the disk, the logo must be on the top of the disk.
Size : The logo must be no smaller than 7/16" (1.1 cm) in height and must be at least as large as other similar logos on the floppy disk.
Color : Two different versions of the logo can be used for print purposes:

A full-color version (TIFF format)
A grayscale version (TIFF format)

The color logo must be used when producing 4 color (full color) artwork on the disk label. The logos can be used on any background color.


CREATED WITH The Games Factory 2 LOGO
The Created width The Games Factory 2 trademark logo is approved for use in the design form indicated on the attached page. The appropriate trademark designation should be identified in all countries.

[Bijhan]

Thanks! Perfect answers! I really appreciate it. In all reality that is an extremely fair and perhaps even lenient licensing agreement. Pretty good stuff!

[uprize]

Since when did TGF2 get given away in a magazine?

[Johnny]

oh Jeff write a big book