From 3007e75ed0202fe2ebe18ed2df4352d1a7eda4fa Mon Sep 17 00:00:00 2001 From: Jofairden Date: Thu, 30 Apr 2020 11:21:03 +0200 Subject: [PATCH] Update disclaimer to new TML EULA --- DISCLAIMER | 147 ------------------------------------------------ TERMS_OF_USE.md | 55 ++++++++++++++++++ 2 files changed, 55 insertions(+), 147 deletions(-) delete mode 100644 DISCLAIMER create mode 100644 TERMS_OF_USE.md diff --git a/DISCLAIMER b/DISCLAIMER deleted file mode 100644 index 357b7c916c..0000000000 --- a/DISCLAIMER +++ /dev/null @@ -1,147 +0,0 @@ -DRAFT -Last updated as of March 4th, 2020. - -BY ANY USE OF THE TMODLOADER ("TML") SOFTWARE OR ANY OF ITS SERVICES, BE IT THROUGH THE USE TMODLOADER DIRECTLY OR ANY OTHER EXTERNAL SOURCE THAT USES THE SERVICE, YOU INHERENTLY ACCEPT THE TERMS AND CONDITIONS LAID OUT IN THIS DISCLAIMER. - -1. Brief -tModLoader (henceforth: TML) is an open-source, community-driven, modification and expansion of the Terraria game that makes it possible to make and play mods. -It can be described as an online available piece of software created by collaboration; that is, a voluntary association of individuals and groups working to develop this piece of software. -The structure and nature of the software allows anyone with an internet connection to alter its content within their legal right, as long as they abide by the license's terms. -Such pieces of software may be redistributed according to the license's terms. - -1a. License -TML is licensed under the MIT license. A copy of the license can be read here: -"Copyright 2019 tModLoader Team - -Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: - -The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. - -THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE." - -2. Support -TML is a free-to-use, open-source piece of software which can be copied, altered, and re-released by any individual. -TML provides no support for such altered versions of its software, nor does it take any responsibility or liability for such altered versions. -In no event shall TML be held liable for any special, direct, indirect, conseqential or incidental damages or any damages whatsoever, whether in action of contract, negligence or other tort, arising out of or in connection with the use of its services, contents of the services or software. -TML reserves the right to make additions, deletions or modifications to contents of its services and software at any time without prior notice. - -TML will only ever provide support for its officially released edition which can be found on the Github platform from the organization named "tModLoader". - -3. Risk -TML makes no guarantee that the use of its software or services is "risk-free". By using TML or its services you agree to doing so at your own risk. -TML is a community created piece of software, which is built upon the base Terraria game to make it possible to introduce changes to the game. -Be aware that anything new or modified in the game you may find potentially inaccurate, misleading, dangerous, addictive or unethical. -By no means does TML support illegal activies or try to incentivize it; the patching system is built in such way that it minimizes the publication of decompiled source-code substantially. -TML is designed to detect pirated versions and to then not work with such versions. -Any use of pirated sofware is at your own discretion and risk. -No support will ever be made available for pirated versions of the game. - -You may be informed of following potential risks by using TML or its services, but they are not limited to: -- Damage of software in the form of corrupted game installs or game files, causing the game to no longer work or no longer work entirely or in specific aspects -- Corrupted player or world files, causing the game to no longer be able to load them correctly -- Detection of modified client(s) or game files by the content providers (such as Steam, Good Old Games and alike) -- Troubleshooting issues that arise in the game may no longer be prevalent -- Computer damage in any form of hardware damage or other broken pieces that causes the computer to malfunction or break completely -- Distaste in the new state of the game -- Bugs or other software issues that cause TML's software or services to not work correctly - -Having said that, TML puts in the best effort to make sure issues like these arise in such fashion so that they can be globally solved for all users and subsequently disappear. -However, TML makes no guarantees to make sure this happens or is possible at all. - -4. Liability -In no event can TML be held liable for any special, direct, indirect, conseqential, or incidental damages or any damages whatsoever, whether in action of contract, negligence or other tort, arising out of or in connection with the use of its services, contents of the services or software. -TML reserves the right to makee additions, deletions or modification to contents of its software and services at any time without prior notice. -TML does not warrant that its website(s), software and services are free of viruses or other harmful components. - -5. Affiliation -Currently TML and its websites and services are not affiliated in any way with Re-Logic or its products, including their games and software. -TML is an unofficial piece of sofware; Re-Logic, or other stakeholders thereof, cannot be held liable for damage or harm caused by TML and its services. - -6. Mod browser -BY ANY USE OF THE MOD BROWSER SERVICE, BE IT THROUGH THE USE TMODLOADER DIRECTLY OR ANY OTHER EXTERNAL SOURCE THAT USES THIS SERVICE, YOU INHERENTLY ACCEPT THE TERMS AND CONDITIONS LAID OUT IN THIS DISCLAIMER. - -The Mod Browser is a part of TML's software that allows users to browse mods, read information about them and download and install them with ease. -Additionally people that have made mods can upload their work onto the browser using Steam's verification system. -The usage of the embedded "mod browser" service in TML's software is used at your own discretion. - -6a. Monitoring -The Mod Browser software facilitates the ability to upload and download mods. -TML reserves the right to monitor and review all use its Mod Browser software to ensure compliance with the terms of this disclaimer. - -6b. Content removal -Any content uploaded to the mod browser may be removed without any prior warning or notice by TML. - -6c. Risk -In general individuals will upload mods they worked hard on and would like others to play, with accurate content that means no offense or tries to cause harm in any shape or form. -However, any individual or group of individuals is perfectly capable of uploading a piece of content that may cause harm to other individuals (such as by providing new information as stated earlier in this disclaimer) or software and potentially hardware such as components of their computer. -Mods on the Mod Browser service may be subject to contain other harmful components such as viruses like trojans or keyloggers. -TML does its best to ensure such mods are adequately removed from the mod browser service, but maintains no promise to do so and accepts no warranty or liability of any kind for any damage caused from such content. -TML will uphold a standard of reporting such material and its author(s) to the Steam service that is used for verification of the Mod Browser service. -By using the service you agree to be able to get in contact with potentially harmful software or information provided by the service. - -6d. Information accuracy -Inherent to the Mod Browser software comes the availability of new information that becomes obtainable by using service. -Not in any shape or form can TML guarantee this information is accurate or without any kind of attempt of subjugation and forms of vulgarity or offense. -Any information obtained may be inaccurate, misleading, dangerous, addictive or even unethical. - -6e. Authentication and availability of the service -The Mod Browser service only requires Steam authentication to upload new content to it. -Any user is free to download any content made available by the service without any form of authentication. -However, TML cannot guarantee the service works correctly at all times. - -The service may at any given time be taken offline without any prior notice or warning, and be kept unavailable for an unknown period of time. -Additionally, TML makes no guarantee to uphold any standards of availability, such as the capability of serving mods to download. -The service may be slow or unresponsive depending on the user's geo-location and internet connection. -Users of the service are advised to use another service that is not affiliated with TML in the case that the Mod Browser service becomes unavailable. -TML recommends mod authors to provide additional sources for users to download their mods as well. - -6f. Content provided by the service -Uploaded content to the Mod Browser service reserves no right for special additions, deletions, amendments or other modifications for any specific reason by its author(s) or other users. -However, TML holds the right to alter or modify uploaded content in any way desired or deemed necessary. -This is inclusive of all content being uploaded. - -By uploading content to the Mod Browser service, you inherently agrees to "give possession of" whatever content uploaded to the service. -However, if at any moment the service is breached and as result such content is released freely with mal-intent, TML accepts no warranty or liability of any kind for the potential damage or harm caused. - -6g. Content accessibility -In no shape or form will the Mod Browser service attempt to form "exlusivity" for content being uploaded; any individual using the service is given access to download any uploaded content. -The service provides no guarantee of availability for any uploaded content, or validity thereof. -Successful upload messages provide no guarantee that the content uploaded becomes available in the service; there is no guarantee uploads are proven successful. -Any individual may be permanently denied access from the Mod Browser service without the ability to appeal this course of action. - -6h. Content moderation and removal -Creators of mods reserve the right to remove their uploaded content from the Mod Browser service. -However, there is no guarantee that uploaded content has not already propagated through different channels. -The uploaded content may exist on different services, which are not owned or maintained by TML, including but not limited to: Discord, GitHub, Dropbox and Imgur. -TML cannot in all situations remove content from other channels, even after the content was removed from the Mod Browser service; removing uploaded content provides no guaranteed removal of it in its entirety from all channels. -The content will not be removed from users' machines that have downloaded it before it is removed from the service by its creators. -Not in any way can content creators force the removal of downloaded content through this service; by uploading their content they have given implicit permission for this content to be propagated through different channels and end up on other people's computers. - -7. Wiki -Use information provided by the wiki at your own discretion. -Some information provided by the service may create an unreasonable risk for readers who choose to apply or use the information in their own activities or to promote the information for use by third parties. -TML can not, in any way whatsoever, be held responsible for your use of the information contained in or linked from this service. - -Please take all steps necessary to ascertain that information you receive from the service is correct and has been verified. -Check the references at the end of the article if they are present. -Read the revision history to see if there are outstanding disputes over the contents of the article. -Double-check all information with independent sources when possible. -If an article contains suggestions regarding dangerous, illegal or unethical activities, remember that any individual can post this information. -The authors may not be qualified to provide you with complete information or to inform you about adequate safety precautions and other measures to prevent injury or other harm. - -The wiki is not uniformly peer reviewed; while readers and other contributors may correct errors or remove erroneous suggestions, they have no legal duty to do so. -All information found on the site is without any implied warranty of fitness for any purpose or use whatsoever. - -No consequential damages can be sought against TML by the wiki, as it is a voluntary association of individuals formed to create freely licensed online educational, cultural and informational resources. -This information is being given to you gratuitously and there is no agreement or understanding between you and TML regarding your use or modification of this information beyond the Creative Commons Attribution-Sharealike 3.0 Unported License (CC BY-SA) and the GNU Free Documentation License (GFDL). - -You are hereby informed the wiki can contain content that may be objectionable: do not rely upon any information found in the wiki without independent verification when in doubt. - -8. Legal -The TML team makes every attempt to ensure the accuracy and reliability of information provided online, be it on the official website or other advisory pages. -However, the information is provided "as is" without warranty of any kind. -TML does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained on such sites. -This includes advisory sites, such as the wiki, which is maintained by a community of individuals with no obligation or legal duty to maintain it. - -No warranties, promises and/or representations of any kind, expressed or implied, are given as to the nature, standard, accuracy or otherwise of the information provided in our websites nor to the suitability or otherwise of the information to your particular circumstances. - diff --git a/TERMS_OF_USE.md b/TERMS_OF_USE.md new file mode 100644 index 0000000000..7719d91139 --- /dev/null +++ b/TERMS_OF_USE.md @@ -0,0 +1,55 @@ +**Last updated as of March 27, 2020** + +# TERMS OF USE +tModLoader (“TML Software”), developed by the TML Team, is an open-source, community-driven, software program that allows for the modification and expansion of the Terraria® game (“Terraria”). The TML Software includes software code, associated documentation files, and the TML Mod Browser. The TML Mod Browser is a part of the TML Software that allows users to browse mods, read information about them, download them, and install them. Additionally, people that have made mods can upload their work onto the TML Mod Browser using Steam's verification system. + +## Intellectual Property Rights in the Terraria Game +The Terraria game and the Terraria® trademark are owned by Re-Logic, Inc. The Terraria game is a completely separate proprietary software program protected by copyright and available for purchase pursuant to license and terms of use established by Re-Logic, Inc. You acknowledge that these Terms of Use are not applicable to Terraria or to its owner Re-Logic, Inc. and that the TML Team is not associated with Re-Logic, Inc. The TML Software makes it possible to make and play mods for Terraria and load such mods into the TML Mod Browser without accessing the source code of Terraria. + +The Terraria trademark can only be used in a referential phrase in promotional materials to describe that a Mod can be used with the Terraria game, provided that the Terraria name is not part of the Mod name, the name is used in a referential way such as “for use with” or “compatible with,” the word Terraria appears less prominent than the Mod name, the Mod is in fact for use with Terraria, the reference does not create a sense of endorsement, sponsorship, or false association with Re-Logic or the Terraria game, and the use does not show Re-Logic, Inc. or the Terraria game in a false or derogatory light. Except as expressly provided above, the trademark Terraria® shall not otherwise be used in advertising or otherwise to promote the sale, use, or other dealings with the + +THE TML SOFTWARE IS PROVIDED UNDER THE MIT LICENSE, YOU MAY USE THE SOURCE CODE SO LONG AS YOU AGREE TO COMPLY AND DO COMPLAY WITH THE TERMS OF THE MIT LICENSE AND THE TERMS OF USE PROVIDED HEREIN. BY USING THE TML SOFTWARE IN IN ANY FORM OR FROM ANY SOURCE, YOU ACCEPT THESE TERMS OF USE. IN THE EVENT OF A CONFLICT BETWEEN THE MIT LICENSE AND THE TERMS OF USE HEREIN, THE MIT LICENSE WILL PREVAIL WITH RESPECT TO ANY OPEN SOURCE SOFTWARE. + +## MIT LICENSE (EXPAT) +Permission is hereby granted, free of charge, to any person obtaining a copy of the TML Software, which includes software and associated documentation files, to deal in the TML Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the TML Software, and to permit persons to whom the TML Software is furnished to do so, subject to the following conditions: + +The following copyright notice and this permission notice shall be included in all copies or substantial portions of the Software: + +© TML TEAM 2020. +THE TML SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. + +## RISKS +There is no support for the TML Software. It can be modified, altered, or taken offline, at any time without notice. Mods loaded in the TML Mod Browser by anyone other than the TML Team are not controlled by the TML Team. By using the TML Software or any mods associated with the TML Software or found on the TML Mod Browser, you agree that you are doing so at your own risk. Such risks may include, but are not limited to, the following: +• Damage of software in the form of corrupted game installs or game files, causing the game to no longer work or no longer work entirely or in specific aspects +• Corrupted player or world files, preventing the game from loading correctly +• Detection of modified client(s) or game files by the content providers (such as Steam, Good Old Games and alike) +• Troubleshooting issues that arise in the game may no longer be prevalent +• Computer damage in any form of hardware damage or other broken pieces that causes the computer to malfunction or break completely +• Distaste in the new state of the game +• New or modified content in the game you may find potentially inaccurate, misleading, dangerous, addictive or unethical. +• Bugs or other software issues that cause the TML Software not to work correctly +The TML Team does not support, endorse, incentivize, or encourage inappropriate or illegal content. Mods on the TML Mod Browser may be subject to or contain other harmful components such as viruses like trojans or keyloggers. The TML Team will use its best efforts to remove such mods from the TML Mod Browser, but makes no guarantee regarding the safety of the TML Mod Browser. + +## Uploading Content to the TML Mod Browser +By uploading content to the Mod Browser, you agree that the TML Team has the right to alter, modify, or remove any uploaded content in any way it desires or it deems necessary. TML provides no guarantee of availability for any uploaded content, or validity thereof. + +Successful upload messages provide no guarantee that the content uploaded becomes available in the service; there is no guarantee uploads are proven successful. + +Any individual may be permanently denied access from the TML Mod Browser service without the ability to appeal this course of action. + +Creators of mods can remove their uploaded content from the TML Mod Browser service. However, there is no guarantee that uploaded content has not already propagated through different channels. + +The uploaded content may exist on different services, which are not owned or maintained by the TML Team, including but not limited to: Discord, GitHub, Dropbox and Imgur. + +You may not upload, store, share, display, post, e-mail, transmit or otherwise make available any material on the TML Mod Browser or associated with the TML Software that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. The TML Team may remove any such content from the TML Mod Browser at any time with or without notice. However, the TML Team cannot remove content from other channels. Removing uploaded content from the TML Mod Browser or from any other source provides no guarantee of its removal from any other channels or locations, including content that may have been downloaded on users’ machines. + +Under no circumstances can content creators force the removal of content that users have downloaded through the TML Software or TML Mod Browser. By uploading content, creators give permission for such content to be propagated through different channels and used on the computers of others. + +## Wiki +Wikis are created through a voluntary association of individuals formed to create freely licensed online educational, cultural and informational resources. Use information provided by any wiki at your own discretion and risk. The TML Team is not responsible for information contained in or linked to any wiki or the use of any information contained in or linked to any wiki. + +Some information provided by wikis may create a risk for readers who choose to apply or use the information in their own activities or to promote the information for use by third parties. + +Please take all steps necessary to ascertain that information you receive from a wiki is correct and has been verified. Check the references at the end of the article if they are present. Also, read the revision history to see if there are outstanding disputes over the contents of the article. Double-check all information with independent sources when possible. The authors may not be qualified to provide you with complete information or to inform you about adequate safety precautions and other measures to prevent injury or other harm. + +If a wiki article contains suggestions regarding dangerous, illegal or unethical activities, remember that any individual can post this information. Wikis are not uniformly peer reviewed; while readers and other contributors may correct errors or remove erroneous suggestions, they have no legal duty to do so.