The following license agreement form was passed by the New Guild administrative board on Sunday, 15 July for use in all new projects and sim construction. This agreement protects both the artist and the CDS. The text reflects the generous contributions by both Rose and Jamie. We have not yet decided what to do about IP rights for past work.
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License Agreement
Agreement, between _______ ("Builder") and The New Guild, a non-governmental organization ("New Guild") of the Confederation of Democratic Simulators (CDS), dated _________.
CDS is an organization created to occupy and develop certain sections of the Second Life grid in a cooperative fashion to be governed in a democratic manner. (Collectively referred to as the "Sims.") CDS has delegated design direction of the Sims and contracting for the Property to the New Guild.
Builder has been or will be involved in the design, construction and placement of buildings, natural features, furnishings and/or scripted objects for the Sims. (Collectively the "Property")
Builder and CDS wish to establish rights and responsibilities with regard to the Property and the Sims, and agree as follows:
1. Cooperation. The parties agree to work cooperatively in completing construction of the Sims.
2. Meetings. Team meetings consisting of Builders and The New Guild, or representatives of the New Guild, will be held to determine assigned responsibilities for the construction of the Sims. Builder agrees to attend such meetings whenever possible.
3. Consideration and Transfer of Rights. The New Guild shall provide such materials and instruction as may be necessary and helpful to Builder to complete tasks assigned. In exchange for instruction, the right to construct and display Property, and participate in the development of the Sims, Builder, upon completion and placement in the Sims, grants a non-exclusive license in all Property created by Builder for the Sims, to the New Guild.
4. Property List and Components. To the extent possible, Builder shall provide a list of all Property transferred, including the name and source of non-copiable individual components (such as textures and animations) which are not transferable for archival or reconstructive use to the New Guild. The intent of this provision is to allow the New Guild to reconstruct property that may be damaged or destroyed at any point in time. The Property and components shall be listed n Exhibit A, attached to and incorporated in this agreement by this reference.)
5. Non-exclusive License. To effectuate the transfer of the rights and property and provide for the maintenance of same, Builder shall provide, by sale for zero lindens, ($0L) to the Avatar owned by the New Guild specifically for such purpose and known as "Guilda Dollinger" copies of all Property with full permissions designated. Builder's name shall be retained as creator on all Sim records and shall be available to anyone inquiring. The parties agree and understand that Builder is granting a non-exclusive license to the intellectual property rights in the Property, limited only as specified in this Agreement.
6. Names. CDS and the New Guild retain and reserve all trademark rights, if any exist, in the names of the Sims, including, but not limited to, Neufreistadt, NFS, Colonia Nova and CN, and the names of buildings or structures created as part of the Property. Builder releases all such name rights and does not share in those rights by virtue of this project.
7. Completion. Upon transfer of the Property to Guilda Dollinger, Builder agrees to make no modifications, deletions or movement to the Property, unless requested to do so by the New Guild.
8. Payment. The New Guild agrees to a one time payment of ______ in full consideration of the licenses granted in this agreement.
9. Limitations on Use. The New Guild shall not copy, sell or distribute the Property other than as may be necessary or practical for use in the Sims, or such other use in the Second Life Grid, for historical, marketing or informative services related to the Sims, (such as Second Life Birthday Celebrations) without prior approval of Builder. The New Guild may move, modify, or delete Property from the Sims as it deems appropriate, or as shall be requested by purchasers of Sim parcels, the CDS, or other authorized parties.
10. Arbitration. Any disputes arising from this agreement shall be resolved by binding Arbitration. Should Arbitration become necessary, each party shall choose an Avatar in Second Life independent of them and their organizations. The chosen Avatars shall choose a third Avatar together. The three shall agree upon rules, process and timing of proceedings. All parties consent to the judgment of the Arbitration as final and binding.
11. Effective. This agreement shall be effective upon delivery for Property not placed in Sims on the date of delivery of the Agreement. For Property already located in the Sims, this Agreement shall be effective upon acceptance and return to the New Guild. Failure to accept and return the agreement may, at the discretion of the New Guild, result in removal of the Property from the Sims. This Agreement may be publicly disclosed by either party.
The New Guild
By ____________
Builder
By_______________
Accepted:
