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The ShyStudios Public Use License

Rev - [7/13/2024]

Agreement:

By accessing, downloading, subscribing to, viewing, or using, etc any ShyStudios public works in any way shape or form you agree to adhere to this license agreement. If you do not agree to these terms immediately cease use or access of the public works in question and remove all copies and or backups of the work from your possession. ShyStudios reserves the right to prosecute violators of the license to the fullest extent of the law. ShyStudios reserves the right to change, modify, update, or clarify the terms and conditions of this license at any time.

Definitions and clarifications:

Entity: any public or private, individual, group, organization, collective, coalition, union, citizen, corporation, or business, et al. (this most likely means YOU!)

Platform: any public or privately accessible service or product of any kind owned, rented, hosted, created or otherwise operated by an Entity.

ShyStudios work(s): levels, maps, environments, addons, models, textures, logos, games, sounds, scripts, videos, photos, music, software, text, and any other works or products, written, created, produced, or otherwise designed, etc by ShyStudios in any way shape or form. Public works are those that have been officially released by ShyStudios on our own or a content publisher’s platform specifically for public use or consumption that are not bound by other ShyStudios licensing agreements. For example, our software “Seku” is released under its own license agreement and is not bound to this license. This license agreement is specifically targeting public works but may also cover private works in some instances. Some ShyStudios works may contain partial or full works by other entities who have their own licensing agreement and these individual included works are not covered under this license on their own and all rights belong to their respective owners. For example, a ShyStudios map may use someone else’s model which ShyStudios makes no claims to, however that map in general is still subject to this license. Even just the design of a map without any content is subject to this license as it is considered a work itself. Public works also include any private works (commissioned products that are usually licensed to an individual entity under a different agreement) that have been distributed by a valid license holder (typically the commissioner of the work itself) to other entities publicly for the purpose of operation, execution, or viewing of the work. For example “rp_hogwarts_sbs” is one of our privately commissioned projects, a gmod player must download that map to play it, that specific unique copy of the map that is downloaded by that specific player is covered under this license and is considered a public work in that instance for the sake of this license even if the work in question is not something released for the general public or for public distribution by ShyStudios.

Content Publisher: An entity or entities whose purpose is to publish, broadcast, host, and or distribute works that have been submitted by ShyStudios or its partners to the entity. Or an entity whose purpose is operation of infrastructure or a platform which is used to facilitate the use of works by ShyStudios or its partners. For example; the Steam workshop, Youtube, an internet service provider, a data center, a server hosting company, etc. Content Publishers involved in activities using ShyStudios works in ways outside of the confines of the definition of a content publisher are not considered content publishers for those instances. For example Bob may own Bob’s server hosting company (a valid content publisher), he may also host bob’s big server (a normal entity) which brings in profit which bob receives via his Bob’s server hosting company, bob’s big server is using a ShyStudios public work to generate profit so therefore because it is operating in a manner outside the confines of the definition of a content publisher, in this instance bob’s server hosting company will be treated like any normal entity and bound to the entire license. In simpler terms, you cannot use the rights given to content publishers in this license to escape the terms of the license that do not apply to content publishers. When a content publisher acts as a normal entity in the context of this license its rights as a content publisher are not acknowledged in this license.

Unauthorized derivative works: to put this in simple terms, you need permission from ShyStudios to publish, upload, perform, remix, or in any other way create any form of derivative work from a ShyStudios work privately or publicly for non journalistic purposes (which are determined by ShyStudios). EG: you cannot make map edits of our maps without permission and you may be required to pay extra royalty fees. By default the answer to “can I make an edit of ur map” is NO! We also do not provide source files for any of our works unless via private licensing agreements or when published publicly thus making them a public work. Another simple example: you cannot publish a remix of our music without permission and possibly extra royalty fee agreements.

Warranty and Limitation of Liability:

The work is provided AS-IS without warranty or guarantee. ShyStudios is not liable for any damages or harm caused by any use of our works or the works themselves. ShyStudios reserve the right to revoke this license at any time and on any work individually. ShyStudios reserves the right to transfer full ownership of a work to another entity who may choose to license it under a different agreement at any time. ShyStudios reserves the right to modify the terms of this agreement at any time. ShyStudios reserves ALL RIGHTS to any ShyStudios works in perpetuity. ShyStudios reserves the right to revoke this license from any entity at any time for any reason.

Content Publisher Terms:

Content publishers are hereby granted a worldwide, non-exclusive, revocable, right to use, distribute, reproduce, host, modify, create derivative works from, transmit, transcode, translate, broadcast, and otherwise communicate, publicly display or perform, ShyStudios works exclusively for the purpose of publication, distribution, and or incorporation as part of a platform provided by themselves to ShyStudios or its partners. EG: The Steam Workshop. Content publishers may extend this right to their affiliates or partners for the same purposes. For example, the Steam workshop might use something like Amazon AWS to host our submitted works, even though we did not explicitly submit our works to their service Amazon AWS would in this situation be considered a content publisher and therefore the rights would be equally granted. Content publishers are NOT permitted to “train” any “AI”, learning model, or such technology on ShyStudios works. ShyStudios retains the rights to all ShyStudios works modified, derived, etc, by a content publisher. Content publishers providing platforms or infrastructure for an invalid licensee are subject to take down requests. ShyStudios reserves the right to choose not to acknowledge any entity as a content publisher in the context of this license agreement. The remainder of this license does NOT include and is not applicable to valid content publishers.

Commercial Use Royalty Fee:

Any entity who is using our work or a derivative work of our work (authorized or unauthorized) (excluding videos which showcase gameplay of applicable works or other media which features parts of a ShyStudios work which is considred journalistic in nature in reguards to the work in question) to earn income in any way (including but not limited to: donations, gifts, or ad revenue) that receives over $13,370 USD or equivalent value of gross revenue per year is required to pay ShyStudios a royalty fee of 6.6% of their gross yearly revenue annually. For example, you have our gmod map “rp_republic_base” on your “gmod starwars rp server” which makes ~15K$ in gross revenue, you owe ShyStudios a 990$ royalty fee at the beginning of the financial year. (This small ‘lower than the average software royalty’ fee is part of your cost of doing business and therefore should be part of your tax write offs!) Entities who qualify for royalty payments are expected to contact ShyStudios for information on how to pay the fee. ShyStudios reserves the right to change terms of the royalty fee at any time, however changes to the fee for a paying licensee will not go into effect until the following financial year. Entities who qualify but fail to make royalty payments are subject to license revocation and legal action. The royalty applies to an entity even if the entity is only using a single small public work of ours. ShyStudios reserves the right to charge additional fees and royalties dependent on the nature of the use of our works. ShyStudios reserves the right to charge any fee to any entity for the purpose of remedying any violations of this license agreement. ShyStudios reserves the right to deny the ability of any entity to earn income from a ShyStudios work for any reason at any time via revocation the entity's license as stated in the sections above. ShyStudios reserves the right to make individual agreements with entities in regards to licensing fees outside the bounds of this license.

Entity permissions:

Entities are NOT permitted to sell, resell, receive payment for, upload, reupload, distribute, redistribute, reverse engineer, recompile, create unauthorized derivative works, “train” AI/LM’s with, repack, rehost, repost, port, rip, archive in a non personal manner, claim as your own, create unauthorized remixes of, license to another entity, quote out of context, misrepresent, or publish, etc any manner of of any ShyStudios works in part or full. Entities are NOT permitted to remove, obstruct, obfuscate, cover, replace, crop out, or modify any names, signatures, “watermarks”, steganography, credits, or any other self identifying feature of the work. Entities are NOT permitted to bypass any copy protection methods used in a ShyStudios work. Entities are NOT permitted to perform actions under the employ or contract of any other entity which would violate this license. ShyStudios reserves the right to embargo the disclosure of any information related to any yet to be released, work in progress, etc private or public works that any entity has been privy to.

As long as these license terms are adhered to in full, entities are granted a revocable, worldwide, non-exclusive license to load, run, execute, read, view, listen-to, consume, quote, reference, or otherwise “USE” the public work in question in a fair manner compatible with this license. Entities are allowed to display parts of ShyStudios works for journalistic purposes. For example you are allowed to show images or videos of our works in a video talking about the works as long as the work or works themselves are not being distributed, redistributed, reuploaded, repacked, hosted, rehosted, etc via these actions. Another example: you are a Youtube channel and you make videos where you play on a game server that hosts a ShyStudios work such as a “map”. ShyStudios reserves the right to determine on a case by case basis what qualifies as “fair use” for a public or private work. Feel free to email Shy about questions or concerns.