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realarcade.com again

Started by lakibuk Aug 22, 2001 at 3:16 PM 5 replies 1.2k views
Original Post
lakibuk
lakibuk
Developer infos on their site are quite cheesy, so i got some questions: 1. Do you get an exclusive licence agreement or can you self-distribute your games beside having it on realgames? 2. When you select "game submission" you get an licence agreement which says: "...you automatically grant to RN and its partners a worldwide, unlimited, ROYALTY-FREE, non-exclusive and fully sublicensable right and license to: (i) use, reproduce, transmit, retransmit, distribute, or display the Licensee Application for the purpose of evaluating its suitability for..." ROYALTY-FREE? Does this mean they can sell your game without giving you anything or what ??
lutas
lutas
quote:
distribute, or display the Licensee Application for the purpose of evaluating its suitability for..."



surely the word evaluating only means the trial/demo version?

Philip Lutas
CEO of Optical Realities
Roman Arce
Roman Arce
I think it''s just talking about the submittion, for "evaluating its suitability" so they decide if they will publish it or not, but I''m not sure.
lakibuk
lakibuk
But it goes on. Especially point (ii) sounds hazardous:

"... for distribution through RealArcade or any other RN application (the "Software"), service, or web site; (ii) distribute, display, and manage the Licensee Application including the game files, box art and images, game information, and streaming video previews through RealArcade or any other RN product, service, or web site..."

That means they can distribute the game files (=the game) any way they want, royalty-free.
Roman Arce
Roman Arce
"However, a contract is supposed to be a binding agreement between two legal entities. And you have every right to negotiate the terms of the contract. You don''t have to take the terms they offer. [...] If you''re serious about getting the terms you want, then consider consulting a contract lawyer to review the terms"

Ever heard of corporate capitalism? Money dictates. Big companies have a lot of individuals and small companies interested in dealing with them and they can pick anybody they want. Realarcade has the money so they write the contract, individuals and small companies can only choose to sign it or not, they have tons of submissions, if someone wants the contract to be different they are not gonna waste time in that, they would just choose other games to publish. It''s "a binding agreement between two legal entities" but it''s not the case of two similar companies making an agreement, of the two legal entities one has billons and the other one is insignificant from the economical point of view.

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