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Theonosis:Open Setting License

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Open Setting License, Version 1.1

The text of this License is copyrighted by Theonosis Publishing LLC, a Limited Liability Company chartered in Maryland. You may reproduce it to distribute with content released under the License.

1. Definitions

  • A: "Contributors" refers to any individual, group of individuals, corporation, non-profit, or other group or entity who has released, published or distributed content under the Open Setting License, or any other individual who agrees to follow the terms of the License.
  • B: "Derived Works" means any novel, short story, novella or other written work of fiction; atlas, calendar or reference work; article, essay or other written work of non-fiction; painting, drawing, sculpture or other visual art or representation in any medium; play, dance or musical, or other theatrical work; script, audio play, screenplay or teleplay; documentary or film; poem, or cycle or collection of poems; song, album or other audio recording; advertisement or commercial; symphony, choreography, opera or other musical or choreographic composition; radio, television or Internet-based show; database; web page, wiki or collection of web pages, or comment on web content, or any other Internet-based material; or any other show or performance, televised, filmed, performed live or recorded in any other fashion; or any literary, artistic or pictorial representation; or any other audio or video-based creative endeavour that uses any element of Open Setting Content in an In-Universe context, except as otherwise described in this License.
  • C: "Creator of Derived Works" means any individual, group of individuals, corporation, non-profit organization or other group or entity who uses Open Setting Content in a Derived Work. All Creators of Derived Works are also Contributors.
  • D: "Distribution" means the broadcasting, lease, licensing, manufacture, merchandising, reproduction, public display, rent, reproduction, sale or any other non-personal transmission of content through any other means.
  • E: "In-Universe" describes any copyrightable, fictional content that is or was purported by its creator to exist within a setting, planet, galaxy, universe, dimension, timeline, continent or any other plane of existence that is described or defined, in whole or in part, using material released under the terms of this License, regardless of its level of fictionality.
  • F: "Open Setting Content" means any copyrightable In-Universe content that possesses an In-Universe existence, including but not limited to abilities, academies, accessories, adornments, affectations, airplane and fleets, alliances, anatomies, animals, areas, arenas, armies, armors, artifacts, astrological signs, symbols or systems, astronomical phenomena, bacteria, baronies, battles, biological systems, biomes, black holes, bloodlines, bogs, breeds, buildings, bureaucracies, business plans, businesses, calendars, campaigns, cartels, caves and cave systems, celebrations, celebrities, characters, churches, cities, classes, cliches, coats of arms, colorations, comets, conceits, concepts, congresses, contests, continents, contracts, corporations, costumes, countries, counties, courts, creatures, cuisines, cultures, currencies, curses, decorations, departments, deities, deserts, designs, disasters, discoveries, diseases, districts, documents, duchies, dynasties, economies, ecosystems, effects, emotions, empires, enchantments, entities, environments, equations, epidemics, equipment, eras, ethnicities, events, fads, families, fashions, federations, feudal arrangements, festivals, forests, formats, fungi, galaxies, gangs, generations, gestures, governments, groups, guilds, heraldic designs and conventions, heritages, heroes, hierarchies, holidays, historical events or periods, hurricanes, hypotheses, ideas, imagery, incidents, individuals, industries, islands, institutions, inventions, jungles, kingdoms, lakes, landforms, laws, leagues, legal systems, licenses, life cycles, locations, mafias, mannerisms, markets, marshes, meals, mental processes or characteristics, meteorological events or occurrences, monarchs, monasteries, monsters, moons, mountains and mountain ranges, movements, mutations, names, navies, nebulae, oceans, occupations, oases, omens, orders, organisms, organizations, origins, packs, pacts, parliaments, parties, partnerships, peerages, peoples, personalities, personas, phases, phenomena, phyla or other taxonomic unit, physiologies, places, plagues, plains, planes, planets, plants, plots, powers, prayers, prejudices, products, projects, protests, proverbs, provinces, recipes, religions, races, rebellions, riots, rivers, roads, rules, satellites, scenarios, sayings, schools and systems of education, sea ships or fleets, seas, settings, shops, societies and social orders, software, space ships or fleets, species, spells, spirits, stars, star systems, states, stereotypes, stores, stories, storms, streets, styles, subcultures, subnational units, subspecies, superstitions, swamps, symbols, systems, technologies, temples, terrains, themes, theories, timelines, titles, tournaments, towns, trade groups, traditions, trains, transformations, treaties, trends, tribes, unions, universes, vehicles, villages, villains, wars, weapons, weather events or wormholes; or any games, sports, terminology or copyrightable element relating to game mechanics that have In-Universe existence; or alphabets, etymologies, fonts, grammars, jargon, languages, phrases, pidgins, scripts, signs, slang, words or other linguistic elements that have In-Universe existence; or schools of architecture, art, crafts, criticism, design, economics, education, governance, history, literature, philosophy, programming, religion, science, spirituality, technology, theology or thought, or any affectation, college, degree, title or university thereof, that have In-Universe existence; or any other element, or combination of elements, of style or design that have In-Universe existence; or brands, marks, trade dress, designs, mottos, logos, titles and names of creative works, celebrities or known persons, organizations, businesses, services or products that have In-Universe existence.
  • G: "Real-World Content" means any material that would qualify as a Open Setting Content except that it is not fictional. This includes the names of actual companies or celebrities used in novels or movies, or popular songs used in a soundtrack to a film to establish a time and place for the audience. In order to qualify as Real-World Content, material must have existed in an entirely non-fictional capacity prior to its publication in a Derived Work.
    • 1: Works or portions of works also qualify as Open Setting Content to whatever extent their creators designate them an aspect of the setting, such as, but not limited to, songs, artwork and films whose creator purports their In-Universe popularity, poems or prayers whose creator assigns them an In-Universe societal or cultural function, or other elements necessary for Contributors to effectively utilize the setting.
    • 2: No portion of this license should be interpreted to mean that a work or portion of a work is Open Setting Content because it is formatted as a diary or memoir, or is written, sung or narrated in the first person, or otherwise has In-Universe physical existence without being an integral part of the setting. For example, a typical stage musical whose songs communicate plot elements and character traits is not Open Setting Content because it is akin to ordinary dialogue and action set to music; in contrast, a stage musical whose songs are purported to have In-Universe significance, such as by being pop music, known folk songs or theme music for fictional shows, must allow those songs to be used as Open Setting Content.
    • 3: No portion of this license should be interpreted to mean that a work or portion of a work is Open Setting Content because it is written, in whole or in part, using words that are themselves Open Setting Content, such as a fictional language.
    • 4: No portion of this license should be interpreted to mean that the likeness of a real person is Open Setting Content because that person is a model, actor or performer in a Derived Work.
    • 5: Derived Works may contain Real-World Content. The Open Setting License does not apply to such material because it is not fictional. When there is potential for confusion, Creators of Derived Works should include a statement with their work informing their audience which material is fictional and therefore Open Setting Content, and which is Real-World Content not covered by this License.
  • G: "You" or "Your" means the licensee using this agreement, including Contributors and Contributors who are also Creators of Derived Works.
    • 1: The terms of the Open Setting License apply to You, and any heirs, affiliates, assigns and additional companies or other entities You work with, or to whom You transfer ownership, license, rent or lease Open Setting Content, or from whom you receive ownership of, license, rent or lease Open Setting Content. You must ensure, to the best of Your abilities, that all such entities are aware of and in agreement with, the terms of this License.

2. Acceptance of Terms: Any use of or contribution to Open Setting Content indicates agreement to the terms of this License.

3. License: This License applies to any applicable material accompanied by a notice indicating that the Open Setting License applies to the relevant content. Such a notice must be affixed to all material Distributed under the Open Setting License. No additional terms may be added to this License, and no terms removed from this License, except as described in the License itself.

  • A: Open Setting Content may be Distributed as part of a Derived Work that is dual-licensed with any of the Creative Commons licenses (http://creativecommons.org/licenses/). By releasing Your content under the terms of the Open Setting License, You are allowing other Contributors to use Your Open Setting Content under the terms of those licenses. You are agreeing that credit for Your contributions may be given to the fictional setting or project instead of to You as a specific individual.
  • B: You must license all Derived Works under the terms of this License, with the sole exception of Derived Works that are licensed exclusively under any of the Creative Commons licenses.
  • C: You may treat Open Setting Content as "Product Identity" under the terms of the Open Game License (http://www.opengamingfoundation.org/ogl.html).
  • D: Open Setting Content may be Distributed as part of a Derived Work that is dual-licensed with the GNU FDL (http://www.gnu.org/copyleft/fdl.html). By releasing Your content under the terms of the Open Setting License, You are allowing other Contributors to use Your Open Setting Content under the terms of the GNU FDL. You are agreeing that credit for Your contributions may be given to the fictional setting or project instead of to You as a specific individual.

4: Grant and Consideration: The Contributors grant anyone who agrees to the terms of this License a royalty-free, non-exclusive, perpetual and worldwide license to use Open Setting Content under the exact terms of this License.

5: Contributions: By contributing Open Setting Content, You are representing that Your contributions are Your own, original work and are not encumbered by any other copyrights or restrictions, and/or that You have sufficient rights to agree to this License for the material You are contributing. You hereby agree to indemnify and hold harmless all other licensees against any and all liability, costs, fees, suits, claims and losses resulting from Your improperly copyrighted contributions. If You pursue a claim regarding improperly copyrighted Open Setting Content, you must pursue it against the individual, group, corporation or organization that contributed the offending material. If a claim is pursued against You and Your defense is that You were not the original contributor, You must promptly inform all relevant parties the circumstances under which You found the offending material and give reasonable assistance in locating or identifying the perpetrator(s).

6: Derived Works: This License applies only to Open Setting Content, not a Derived Work that uses it, unless the entire Derived Work also qualifies as Open Setting Content.

  • A: A Derived Work may use Open Setting Content from other Derived Works, regardless of whether the Open Setting Content in both Derived Works are from the same setting.
  • B: A Derived Work may be Distributed alongside other works that do not contain Open Setting Content provided the works are clearly separated and the status regarding this License of each section or portion of the entire work is clearly indicated.
  • C: Contributors may build on, modify, adapt, translate, characterize, describe or restate any element of Open Setting Content.
  • D: This License does not grant the right to Distribute a Derived Work as a sequel, prequel, interquel, adaptation, translation, improvement, modification or any other relation to one or more specific Derived Works. This provision applies to claims made in marketing, designs and advertising, and does not preclude You from creating Derived Works that use the same Open Setting Content as any other Derived Works.
  • E: You may indicate that a Derived Work uses, expands or is based on or inspired by, a particular setting or a specific element or combination of elements of Open Setting Content.
  • F: Though You do not have to give credit to the Contributor(s) who created any element of Open Setting Content, You may not specifically claim credit for any element of Open Setting Content You did not create. You must make a good faith effort to ensure that any individual, corporation or other entity You contract with or otherwise deal with does not give credit wrongly for any element of Open Setting Content. You may give credit to a project that develops the setting You use, or the Contributors to the project collectively, instead of specific individuals.
  • G: Creators of Derived Works may make plainly factual claims of relation to other named Derived Works, such as the use of the same characters, events or other Open Setting Content.
  • H: Creators of Derived Works must ensure that any entity with whom they contract in the publication, editing, distribution, illustration or marketing of a Derived Work do not inhibit use of Open Setting Content for any purpose allowed by this License. Creators of Derived Works must only contract with publishers, distributors, marketers and other individuals or entities whose intellectual property may qualify as Open Setting Content if they agree to the terms of this License in their own Derived Works including, but not limited to, sequels, prequels, adaptations or translations, illustrations, including book, film or movie posters or covers, that depict In-Universe images, or toys, dolls, sculptures, games, miniatures, figurines or other In-Universe merchandising, or any In-Universe advertising copy, or costumes, artwork, gestures, props, decorations or scenery used in images or videos.
  • I: The Open Setting License does not extend to any specific implementation or characterization of Open Setting Content in a Derived Work, nor to the greater body of work that constitutes a particular Derived Work.

7: Marks and Patents:

  • A: If You, or any entity you contract with, uses Open Setting Content in a trademark, logo, mascot, motto, costume, title of a work, trade dress or the name of a business or organization, You may not stop others from using the same Open Setting Content in their own copyrightable works, trademarks, logos, mascots, mottos, costumes, titles of works, trade dress or names of businesses or organizations. If You use Open Setting Content as a component of a trademark, logo, mascot, motto, costume, title of a work, trade dress or the name of a business or organization, You may use the full protection of Your intellectual property on the portion of the material that is not Open Setting Content.
  • B: If You do file a trademark as the sole component of any Open Setting Content, such as establishing a company in the name of a fictional business, You must provide a license to use that trademark at no cost to anyone who wishes to use it as part of a Derived Work.
  • C: You agree that You will not use patents to limit the use of Open Setting Content, nor will You contract with entities who do.

8: Games: Open Setting Content may be used as part of a game, with any rules or other accoutrements to that game being the exclusive property of their creator(s) and licensees with all rights reserved except under a separate agreement. This License does not grant anyone permission to use non-setting elements of a Game that uses Open Setting Content.

  • A: This provision applies only to games that are Real-World Content. Any game that has In-Universe existence is Open Setting Content as otherwise described in this license, even if any element(s) of the game is later used in a real-world work.

9: Updating the License: This License may be updated by Theonosis Publishing LLC or any designated agent thereof. If You use Open Setting Content, You must follow the most recent version of this License.

10: Distribution of License: If You Distribute Open Setting Content, You must either include a copy of this License or a prominent statement giving the stable URL of a webpage containing the text of this document, such as "osl.theonosis.com". You must also include a plain statement explaining the nature of this License.

  • A: Audio recordings that are not released, published or distributed with any accompanying written documentation are exempt from this provision.
  • B: One acceptable plain statement is "The Open Setting License allows you to develop the fictional setting used in this work. Your own work may utilize the same places, characters and other elements. For more information, see osl.theonosis.com."

11: Inability to Comply: If a statute, law, regulation or judicial order prevents You from complying with this License in any respect You must not use any Open Setting Content that is affected.

12: Termination: This License will be automatically terminated if You fail to comply with the terms and fail to fix Your breach of the terms within 30 days of becoming aware of the breach.

  • A: In the event of a legal dispute regarding this License, legal costs and court fees shall be paid by the losing party.
  • B: If You file a lawsuit to stop or delay the completion, publication or distribution of Derived Works, or demand licensing fees or royalties from Creators of Derived Works, or those with whom they contract, for their use of Open Setting Content, and the relevant court finds that your claim is frivolous or blatantly in violation of the spirit of this License, You will be obligated to pay the aggrieved party damages totaling all revenues You, and the entities you have contracted with in the creation, marketing and distribution of Derived Works, have received from the publication or distribution of Derived Works using the Open Setting Content You claimed in violation of this agreement. If You are unable or unwilling to prove the amount of revenue You have received from the relevant Open Setting Content, You agree to a reasonable estimate produced in court by industry experts chosen by that court, and paid for by You.
  • C: If You threaten legal action to stop or delay the completion, publication or distribution of Derived Works, or demand licensing fees or royalties from Creators of Derived Works, or those with whom they contract, for their use of Open Setting Content, and the relevant court finds that Your threat is frivolous or blatantly in violation of the spirit of this License, You will be obligated to pay the aggrieved party damages totaling all revenues You, and the entities you have contracted with in the creation, marketing and distribution of Derived Works, have received from the publication or distribution of Derived Works using the Open Setting Content regarding which You made legal threats. If You are unable or unwilling to prove the amount of revenue You have received from the relevant Open Setting Content, You agree to a reasonable estimate produced in court by industry experts chosen by that court, and paid for by You.

13: Jurisdiction: This agreement shall be interpreted under the laws of the State of Maryland. Any litigation under this agreement shall be resolved in the trial courts of Frederick County, State of Maryland.

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