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docs: add essential loader to licenses
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src/main/resources/assets/skytils/legal/essential-loader.txt
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Essential Loader™ | ||
Use and Contribution License Agreement | ||
4th April 2024 | ||
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This Use and Contribution License Agreement allows you to modify, | ||
create, fork, and use new versions of our Essential Loader mod in | ||
accordance with the GPL-3 license. However, if you submit a pull | ||
request with changes or additions to the main Essential Loader | ||
repository, subject to the terms of this license, you transfer the | ||
copyright and ownership of those changes to Essential. This | ||
introduction is for summary purposes only and is not part of the | ||
agreement. | ||
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* * * | ||
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ModCore Inc., doing business as Essential (“Essential”), owns, | ||
publishes, and make available for download and use its Essential | ||
Loader™ modification to the Minecraft® game (collectively with all of | ||
its features and content and all updates thereto and versions thereof, | ||
the “Mod”), including its underlying source code (collectively with | ||
all updates thereto and versions thereof, the “Mod Code”), subject to | ||
the terms of this Use and Contribution License Agreement (this | ||
“Agreement”). Each individual, corporation, limited liability company, | ||
partnership, association, or other entity or party (each, a “Person”) | ||
that downloads and/or uses the Mod and/or the Mod Code (each, a | ||
“User”) shall be deemed to have accepted, executed, and be bound by | ||
the terms of this Agreement. | ||
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Each individual User must be at least eighteen (18) years old to | ||
download and/or use the Mod and the Mod Code or, if between the ages | ||
of thirteen (13) and eighteen (18), have the permission of their | ||
parent or legal guardian and hereby represents and warrants they have | ||
obtained such permission. | ||
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Now, therefore, for good and valuable consideration, the receipt and | ||
sufficiency of which are hereby accepted: | ||
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1. GNU General Public License v3.0. | ||
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The GNU General Public License v3.0, dated 29 June 2007, available at | ||
https://www.gnu.org/licenses/gpl-3.0.en.html (as amended from time to | ||
time, “GPL-3”), is hereby incorporated by reference into, and made | ||
part of, this Agreement and governs each User’s download and use of | ||
the Mod and the Mod Code; provided, however, to the extent of any | ||
conflict between any permissions, rights, obligations, terms, or | ||
conditions in this Agreement and GPL-3, this Agreement shall govern | ||
and control, including where expressly stated under Section 3 of this | ||
Agreement. All other rights in and to the Mod and the Mod Code are | ||
hereby expressly reserved. For purposes of GPL-3, the Mod Code, in the | ||
form published from time to time in its code repository presently | ||
located at https://github.com/EssentialGG/EssentialLoader (the “Mod | ||
Repository”), is the “Program” as defined therein. | ||
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2. Creation of Modified Versions. | ||
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Each User is permitted under GPL-3 to create and use “modified | ||
versions” of the Program (i.e., the Mod Code) as defined therein | ||
(collectively, “Modified Versions”) and subject to the terms and | ||
conditions thereof. Each User who creates a Modified Version may be | ||
referred to herein as a “Contributor.” | ||
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3. Proposal and Acceptance of Modified Versions. | ||
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Essential invites, but does not require, Contributors to submit their | ||
Modified Versions to Essential for potential inclusion in the Mod Code | ||
(each, a “Proposed Contribution”), subject to the following terms and | ||
conditions: | ||
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(a) Submission Process. Contributors may submit their Proposed | ||
Contributions by opening a “pull request” on the Mod Repository. For | ||
more information on how to create a pull request, visit | ||
https://docs.github.com/en/pull-requests/collaborating-with-pull-requests/proposing-changes-to-your-work-with-pull-requests/creating-a-pull-request. | ||
For the avoidance of doubt, Contributors are not obligated to submit | ||
any of their Modified Versions to Essential as Proposed Contributions, | ||
and may “fork” the Mod Code or their Modified Versions, thereby | ||
creating a derivative work subject to the terms of GPL-3. | ||
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(b) Review and Acceptance. When a Contributor pushes a Proposed | ||
Contribution to the Repository, Essential will review the Proposed | ||
Contribution and may conduct whatever reviews and testing of the code | ||
as it deems necessary in its sole discretion, after which time | ||
Essential may (i) accept the Proposed Contribution (thereafter, an | ||
“Accepted Contribution”); (ii) decline the Proposed Contribution; or | ||
(iii) request that the Contributor make changes or refinements to the | ||
code for the Proposed Contribution and resubmit the Proposed | ||
Contribution for Essential’s review and acceptance, which the | ||
Contributor may accept or decline its sole discretion. | ||
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(c) Merging Accepted Contributions Into Mod Code. Essential will have | ||
full discretion whether to merge any Accepted Contribution into the | ||
Mod Code and the Mod Repository. Essential is not obligated to | ||
include, use, or otherwise exploit any Accepted Contribution (or any | ||
portion thereof) in any manner, and each Contributor acknowledges and | ||
agrees that any decision by Essential respecting the use or inclusion | ||
of their Accepted Contribution shall be in Essential’s sole | ||
discretion. | ||
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4. Ownership. | ||
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Each Contributor shall retain all right, title, and interest in and to | ||
their respective Modified Versions and Proposed Contributions subject | ||
to the terms of GPL-3. In the event Essential accepts a Proposed | ||
Contribution thereby becoming an Accepted Contribution in accordance | ||
with the terms of Section 2 of this Agreement, to the fullest extent | ||
allowable and for the full term of protection otherwise accorded to | ||
its Contributor under applicable law, the Contributor shall be deemed | ||
to have hereby (i) irrevocably assigned, transferred, granted, | ||
conveyed, and relinquished to Essential all right, title, and | ||
interest, including, without limitation, all copyrights, neighboring | ||
rights, trademarks, patents, and any and all other ownership and | ||
exploitation rights, now or hereafter recognized in any and all | ||
territories and jurisdictions (collectively, “IP Rights”), in and to | ||
the Accepted Contribution in perpetuity throughout the universe, | ||
without any compensation therefor, to the fullest extent allowable and | ||
for the full term of protection otherwise accorded to the Contributor | ||
under applicable law (including any and all renewals, extensions, and | ||
revivals thereof), and (ii) unconditionally and irrevocably waived any | ||
“moral rights,” “droit moral,” or similar “moral rights of authors” | ||
throughout the universe in and in connection with the Accepted | ||
Contribution. Any and all of an Accepted Contribution that is | ||
incorporated by Essential into the Mod Code shall become fully part | ||
of, and inseparable from, the Mod Code and, to the extent | ||
copyrightable, the copyright claimed exclusively by Essential and its | ||
assignees in and to the Mod Code, whether or not registered with the | ||
U.S. Copyright Office or any other copyright registrar; a Contributor | ||
shall not register, or apply or attempt to register, their Accepted | ||
Contribution(s) with the U.S. Copyright Office or any other copyright | ||
registrar or otherwise claim status as a “joint copyright owner” with | ||
respect thereto. This Section 4 shall control to the extent that there | ||
are any conflicting terms and conditions contained in GPL-3 applicable | ||
to ownership of the Accepted Contribution and its Contributor’s use | ||
thereof, including, without limitation, Paragraph 2 of Section 2 | ||
(Basic Permissions), Section 5 (Conveying Modified Source Versions), | ||
and Section 6 (Conveying Non-Source Forms) thereof, and all such | ||
activities shall constitute a breach of this Section 4. | ||
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5. Representations and Warranties. | ||
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By submitting a Proposed Contribution, its Contributor represents and | ||
warrants to Essential that (i) the rights in and to the Proposed | ||
Contribution that are granted by the Contributor hereunder will not | ||
conflict with or violate any commitment, agreement, or understanding | ||
such Contributor has with any third-party Person; (ii) the Proposed | ||
Contribution, when delivered to Essential, will be free and clear of | ||
any liens and claims by any third party; and (iii) the Proposed | ||
Contribution and Essential’s use thereof will not violate or infringe | ||
upon any IP Rights, right of privacy, or any statutory or common law | ||
rights of any Person, be libelous or otherwise subject Essential to | ||
liability, or be contrary to law. | ||
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6. Indemnification. | ||
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In accordance with Section 7(f) of GPL-3, each Contributor shall | ||
indemnify, defend, and hold harmless Essential and its present and | ||
future parent, subsidiary, and affiliate companies and each of their | ||
respective present and future officers, directors, shareholders, | ||
managers, members, employees, agents, representatives, successors, and | ||
permitted assigns (collectively, the “Indemnified Parties”) from and | ||
against any and all liabilities, losses, damages, costs, expenses | ||
(including, without limitation, attorneys’ fees and court costs), | ||
settlements, judgments, and recoveries resulting from any claim, suit, | ||
litigation, action, cause of action, or demand, whether based in whole | ||
or in part in contract, tort, negligence, statute, or otherwise (each, | ||
a “Claim”), brought or asserted by a third-party Person to the extent | ||
arising out of or attributable to any Accepted Contribution or | ||
material breach, or allegation which if true would constitute a | ||
material breach, of the Contributor’s obligations, representations, or | ||
warranties hereunder. Essential shall notify the Contributor in | ||
writing of any Claim subject to indemnification hereunder (provided | ||
any delay in such notice shall not relieve the Contributor of its | ||
indemnification obligations except to the extent such delay prejudices | ||
the defense of such Claim) and give the Contributor the opportunity to | ||
defend or settle such Claim solely with Essential’s prior written | ||
consent and using legal counsel acceptable to Essential, and cooperate | ||
with the Contributor in such defense and settlement, all at the | ||
Contributor’s sole cost and expense. | ||
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7. Use of Essential’s Trademarks. | ||
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All Contributors hereby acknowledge Essential’s exclusive trademark | ||
rights in and to Essential, ESSENTIAL MOD, and Essential Loader | ||
(together, the “Marks”) for use in connection with, among other | ||
things, downloadable and non-downloadable software, applications, and | ||
video and computer games and software as a service (SaaS) and | ||
platforms as a service (PaaS), based on Essential’s ongoing use of the | ||
Marks in commerce, and in accordance with Section 7(e) of GPL-3, agree | ||
not to use, sell, license, commercialize, or otherwise exploit any | ||
Modified Version under the Marks or any other trademark of Essential | ||
or any variation thereof or apply to register any of the foregoing | ||
with the U.S. Patent and Trademark Office or any other trademark | ||
registrar. | ||
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8. Relationship of Contributor to Essential. | ||
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Nothing in this Agreement or any course of dealing shall create any | ||
employment, service, agency, partnership, or joint venture | ||
relationship between Essential, on the one hand, and any Contributor | ||
or other User, on the other hand. Essential shall not compensate, | ||
monetarily or otherwise, any Contributor in exchange for them | ||
creating, submitting, or modifying a Proposed Contribution or for | ||
Essential accepting and/or incorporating into the Mod Code any | ||
Accepted Contribution. | ||
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9. Notices to Users. | ||
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All agreements, notices, disclosures, and other communications that | ||
Essential provides to a User electronically shall satisfy any legal | ||
requirement that such communications be in writing. | ||
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10. Entire Agreement; Severability. | ||
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This Agreement, together with the GPL-3 to the extent applicable | ||
hereunder, constitutes the entire agreement and understanding between | ||
Essential, on the one hand, and each Contributor and each other User, | ||
on the other hand, with respect to the subject matter hereof, and | ||
supersedes all prior and contemporaneous discussions, documents, | ||
agreements, and prior course of dealing between the parties with | ||
respect thereto. If any term, provision, or condition, or any part | ||
thereof, of this Agreement shall for any reason be found or held | ||
invalid or unenforceable by any court of competent jurisdiction, such | ||
invalidity or unenforceability shall not affect the remainder of such | ||
term, provision, or condition nor any other term, provision, or | ||
condition, and this Agreement shall survive and be construed as if | ||
such invalid or unenforceable term, provision, or condition had not | ||
been contained therein. | ||
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11. Governing Law; Dispute Resolution. | ||
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This Agreement shall be governed by and construed in accordance with | ||
the laws of the State of New York, without regard to any conflict or | ||
choice of laws rules to the contrary. Any dispute arising hereunder | ||
shall be adjudicated exclusively in the state or federal courts | ||
located in the County of New York in the State of New York, and each | ||
User waives any jurisdictional, venue, or inconvenient forum | ||
objections to such courts. | ||
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12. No Waivers. | ||
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No failure to exercise, or delay in exercising, any right, remedy, | ||
power, or privilege arising from this Agreement shall operate or be | ||
construed as a waiver thereof, nor shall any single or partial | ||
exercise of any right, remedy, power, or privilege hereunder preclude | ||
any other or further exercise thereof or the exercise of any other | ||
right, remedy, power, or privilege. | ||
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13. Changes to this Agreement and the License Terms. | ||
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Essential may change or amend this Agreement at any time at its sole | ||
discretion. If Essential makes a material change or amendment to this | ||
Agreement, it will notify each User by posting such changes or | ||
amendments on Essential’s website and other website(s) where Essential | ||
makes the Mod and/or Mod Code available for download (e.g., a GitHub | ||
repository), which changes or amendments will be effective | ||
automatically upon the posting thereof. If a user deems any of this | ||
Agreement or any future changes are unacceptable, that user should not | ||
use or continue to use the Mod or the Mod Code and delete all | ||
downloaded copies of the Mod Code in their possession or stored on any | ||
of their devices. A User’s continued use of the Mod and/or Mod Code | ||
following the posting of any notice of any change to this Agreement | ||
shall constitute their acceptance and agreement to such change. | ||
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[End of Agreement] |