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Question/Clarification Sought RE: EULA 'Free mass distribution rights' license agreement letter

Posted By emerald.c 7 Years Ago
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Question/Clarification Sought RE: EULA 'Free mass distribution rights'...

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emerald.c
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Posted 7 Years Ago
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Hello,

I'm considering purchasing iClone 7, 3DXchange, and Character Creator 2 for use in game development and design. I'm a solo indie game developer that plans to sell games, and I have some questions about the EULA and usage rights.

I understand the distinction between the iContent and Export licenses for assets purchased in the Marketplace etc. My questions are with regards to characters I create using Character Creator, animations I create in iClone, assets purchased with an Export license, and mass distribution rights for video games.

The EULA seems to state that for someone to legally use anything created in iClone or Character Creator (including anything purchased with an Export license) in a video game intended for mass distribution and sale, that additional permission must be sought from Reallusion in the form of a "Free mass distribution rights license agreement letter". To receive this license agreement, developers "must first register their game or application information with Reallusion".

My questions regarding this are as follows:

1. Under what circumstances might Reallusion decline to issue a mass distribution rights license agreement to a game developer? Is the game registration process with Reallusion an "approval" process, or just a formality?

2. What are the terms outlined in the mass distribution rights license agreement? Specifically, I want to know:

Are the distribution rights granted in perpetuity?

    - Does the license ever expire?

    - Could Reallusion, or a parent company (in the event Reallusion is purchased by another company) rescind the license agreement for any reason at any time in the future? If so, on what grounds?


I'm ready to purchase and get to work, I just need to know the answers to these questions first. If someone from Reallusion could please respond with definitive answers, I would greatly appreciate it. I decided to post these questions on the forum instead of sending a private email, because I searched the forums and could not find answers to these questions, and I noticed that these same questions have come up elsewhere on the web when users were discussing Reallusion products.

My concern is obviously that I want to be guaranteed the right to use content created with Reallusion's software in my planned commercial games before committing.

Thank you, hoping to do business with you!
Reki
Mikay²
Mikay²
Posted 6 Years Ago
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Is there an answer to this question?
  • If you wish to export ccContent to any 3D format and include it in your own game titles, apps or interactive applications for public mass distribution then:
    • Please provide your title information and url, and contact Reallusion marketing@reallusion.com to register your title.
    • By registering you can get Reallusion’s written license for free, while gaining valuable feature promotion opportunities by Reallusion. 
Why can't you provide certainty that users can use the product when they acquire the export license? 



Peter (RL)
Peter (RL)
Posted 6 Years Ago
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Mikay² (6/2/2018)
Is there an answer to this question?
  • If you wish to export ccContent to any 3D format and include it in your own game titles, apps or interactive applications for public mass distribution then:
    • Please provide your title information and url, and contact Reallusion marketing@reallusion.com to register your title.
    • By registering you can get Reallusion’s written license for free, while gaining valuable feature promotion opportunities by Reallusion. 
Why can't you provide certainty that users can use the product when they acquire the export license? 



I'm not really sure what your concerns are regarding that statement. :ermm:

It's only if you are producing a game or app using iClone content that you need to request a mass distribution license. The license itself is free and providing your game or app isn't doing anything illegal it will be issued without any problems. :)


                                                                

Peter
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www.reallusion.com


Tarampa Studios
Tarampa Studios
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[/quote]

I'm not really sure what your concerns are regarding that statement. :ermm:

It's only if you are producing a game or app using iClone content that you need to request a mass distribution license. The license itself is free and providing your game or app isn't doing anything illegal it will be issued without any problems. :)
[/quote]

Hi Peter... very sorry, but I tried to click 5-star answer, but something happened, and only 1 star appeared... and it won't let me fix it... 

but your answer helped clarify something for me too, so if you can change it to a 5-star rating for me from your end, that would be great. 
So sorry, I don't know what happened. I think it registered as 1 star, when I touched it in my browser to open it and make it 5. 


Anita, aka "Bleetz" the Toon Wrangler @ Tarampa Studios
SYS: Win 8.1,  64-bit, i7-4770 CPU @3.4GHz,  
32GB RAM, Intel(R)Graphics 4600 & nVIDIA GTX1060 TI 



Mikay²
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Sorry, I read the following text and then accidentally copied a text from another page. 
I actually mean this passage:
In order to acquire free mass distribution rights for Reallusion 3D Content, or Reallusion-sold 3rd party content, for use in game titles, apps, online services, or public kiosks; developers and vendors must first register their game or application information with Reallusion marketing. To receive a license agreement letter from Reallusion, please provide your project title as well as a short description and any relevant website links and information to 
marketing@reallusion.com for Reallusion to evaluate.

So obviously, there is an evaluation process, but what is evaluated? Why don't I require the mass distribution rights with the export license right away? That's the point were uncertainty kicks in.
Peter (RL)
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Mikay² (6/3/2018)

So obviously, there is an evaluation process, but what is evaluated? Why don't I require the mass distribution rights with the export license right away? That's the point were uncertainty kicks in.


As I mentioned previously the "evaluation" is just to ensure that the game or app is not to being used for anything illegal and that is it does not breach our EULA.


                                                                

Peter
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www.reallusion.com


Peter (RL)
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Tarampa Studios (6/2/2018)

Hi Peter... very sorry, but I tried to click 5-star answer, but something happened, and only 1 star appeared... and it won't let me fix it... 
 


No problem. :)


                                                                

Peter
Forum Administrator

www.reallusion.com


Mikay²
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Peter (RL) (6/3/2018)
Mikay² (6/3/2018)

So obviously, there is an evaluation process, but what is evaluated? Why don't I require the mass distribution rights with the export license right away? That's the point were uncertainty kicks in.


As I mentioned previously the "evaluation" is just to ensure that the game or app is not to being used for anything illegal and that is it does not breach our EULA.


Thanks for clarification! Great that it also helped Tarampa Studios.
I just don't get it. Why would someone who produces an illegal product ask you for permission?
Doesn't make much sense to me. It is not necessary with the DAZ interactive license for example. 
Peter (RL)
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Mikay² (6/3/2018)


Thanks for clarification! Great that it also helped Tarampa Studios.
I just don't get it. Why would someone who produces an illegal product ask you for permission?
Doesn't make much sense to me. It is not necessary with the DAZ interactive license for example. 


The point I was to get over is that the evaluation is not to check quality or to make sure certain criteria has been met. You will not for example be refused a license because we consider your product is not good enough. We just need to know where our content is being used and in turn we can help promote and publicise the game or app which helps both sides. There will only be problems if the game or app is promoting any illegal activities or breaches our EULA.


                                                                

Peter
Forum Administrator

www.reallusion.com


Mikay²
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[b]Peter (RL) (6/4/2018)[b]
There will only be problems if the game or app is promoting any illegal activities ...


Could you give any examples? You mean like shooting people as in video games?

You may think I am trolling, but i'm not! I want to make computer games that are highly story driven, much more like interactive fiction, and what do I know in which directions my stories will go in the future? I don't even know of which law you are speaking, when you are speaking of "legal". Again, please give me examples! And don't say things like child pornography. Who would be stupid enough to ask you for permission to distribute this legally? 



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