Open Gaming

Ryan Dancey of Wizards of the Coast drafted Open Gaming License

Linae Foster (Licensing Manager) and Scott Rouse (D&D Brand Manager) succeeded Dancey.

d20 System

Open Gaming Foundation

Open Game License

OPEN GAME LICENSE Version 1.0a

The following text is the property of Wizards of the Coast, Inc. and is Copyright 2000 Wizards of the Coast, Inc (“Wizards”). All Rights Reserved.

1. Definitions: (a)”Contributors” means the copyright and/or trademark owners who have contributed Open Game Content; (b)”Derivative Material” means copyrighted material including derivative works and translations (including into other computer languages), potation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted; (c) “Distribute” means to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute; (d)”Open Game Content” means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity and is an enhancement over the prior art and any additional content clearly identified as Open Game Content by the Contributor, and means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity. (e) “Product Identity” means product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content; (f) “Trademark” means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor (g) “Use”, “Used” or “Using” means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content. (h) “You” or “Your” means the licensee in terms of this agreement.

2. The License: This License applies to any Open Game Content that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License. You must affix such a notice to any Open Game Content that you Use. No terms may be added to or subtracted from this License except as described by the License itself. No other terms or conditions may be applied to any Open Game Content distributed using this License.

3.Offer and Acceptance: By Using the Open Game Content You indicate Your acceptance of the terms of this License.

4. Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.

5.Representation of Authority to Contribute: If You are contributing original material as Open Game Content, You represent that Your Contributions are Your original creation and/or You have sufficient rights to grant the rights conveyed by this License.

6.Notice of License Copyright: You must update the COPYRIGHT NOTICE portion of this License to include the exact text of the COPYRIGHT NOTICE of any Open Game Content You are copying, modifying or distributing, and You must add the title, the copyright date, and the copyright holder’s name to the COPYRIGHT NOTICE of any original Open Game Content you Distribute.

7. Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity.

8. Identification: If you distribute Open Game Content You must clearly indicate which portions of the work that you are distributing are Open Game Content.

9. Updating the License: Wizards or its designated Agents may publish updated versions of this License. You may use any authorized version of this License to copy, modify and distribute any Open Game Content originally distributed under any version of this License.

10. Copy of this License: You MUST include a copy of this License with every copy of the Open Game Content You Distribute.

11. Use of Contributor Credits: You may not market or advertise the Open Game Content using the name of any Contributor unless You have written permission from the Contributor to do so.

12. Inability to Comply: If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Open Game Content due to statute, judicial order, or governmental regulation then You may not Use any Open Game Material so affected.

13. Termination: This License will terminate automatically if You fail to comply with all terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses shall survive the termination of this License.

14. Reformation: If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

15. COPYRIGHT NOTICE Open Game License v 1.0 Copyright 2000, Wizards of the Coast, Inc.

d20 System Trademark License

The D20 System Trademark License version 6.0

By downloading the enclosed graphic files and/or by returning the Confirmation Card as presented in the file “card.pdf,” the Licensee (“You”) accept to be bound by the following terms and conditions:

1. Copyright & Trademark

Wizards of the Coast, Inc. retains title and ownership of the d20 System trademark logos, the d20 System trademark, and all other copyrights and trademarks claimed by Wizards of the Coast in The Official Wizards of the Coast d20 System Trademark Guide found at www.wizards.com/d20 (the “d20 System Guide”), incorporated here by reference.

2. License to use

You are hereby granted the non-transferable, non-exclusive, non-sublicensable, royalty-free license to use the d20 System trademark logos, the d20 System trademark, and certain other trademarks and copyrights owned by Wizards of the Coast (the “Licensed Articles”) in accordance with the conditions specified in the current version of this License and the d20 System Guide.

3. Agreement not to Contest

By making use of and/or distributing material using the d20 System trademark under the terms of this License, You agree not to contest the ownership of the Licensed Articles.

4. Quality Standards

The nature of all material You use or distribute that incorporates the Licensed Articles must comply with all applicable laws and regulations, as well as community standards of decency, as further described in the d20 System Guide. You must use Your best efforts to preserve the high standard and goodwill of the Licensed Trademarks. In order to assure the foregoing standard and quality requirements, Wizards of the Coast shall have the right, upon notice to You, to review and inspect all material released by You that uses the Licensed Articles. You shall fully cooperate with Wizards of the Coast to facilitate such review and inspection, including timely provision of copies of all such materials to Wizards of the Coast. Wizards of the Coast may terminate this License immediately upon attempted notice to you if it deems, in its sole discretion, that your use of the Licensed Articles does not meet the above standards.

5. Termination for Breach

In the event that You fail to comply with the terms of this License or the d20 System Guide, You will be considered to be in breach of this License. Wizards of the Coast will attempt to notify you in writing by sending a letter to the address listed on the most recent Confirmation Card on file, if any. Except as otherwise specified herein, you will have 30 days from the date of the notice (the “cure period”) to cure the breach to the satisfaction of Wizards of the Coast. If no Confirmation Card is on file, you will be considered to be in breach of this License immediately. If, at the end of the cure period, the breach is not cured, Wizards of the Coast may terminate this License without further written notice to You.

6. Effects of Termination

Upon termination, You shall immediately stop all use of the Licensed Articles and will destroy any inventory or marketing material in Your possession bearing the d20 System trademark logos. You will remove any use of the d20 System trademark logos from your advertising, web site, letterhead, or any other use. You must instruct any company or individual that You are or become aware of who is in possession of any materials distributed by You bearing the d20 System trademark logos to destroy those materials. You will solely bear any costs related to carrying out this term of the License.

In Wizards sold discretion, Wizards may allow You to continue to use the License for Licensed Articles which otherwise comply with the terms of the License.

7. Penalty for Failure to Comply with Termination Instructions

If You fail to comply with the Effects of Termination, Wizards of the Coast may, at its option, pursue litigation, for which You shall be responsible for all legal costs, against You to the full extent of the law for breach of contract, copyright and trademark infringement, damages and any other remedy available.

8. Updates

Wizards of the Coast may issue updates and/or new releases of the d20 System trademark logos without prior notice. You will, at the earliest possible opportunity, update all material distributed by You to use the updated and/or new version of the d20 System trademark logos. You may continue to distribute any pre-existing material that bears an older version of the d20 System trademark logo.

9. Changes to Terms of the License

Wizards of the Coast may issue updates and/or revisions to this License without prior notice. You will conform in all respects to the updated or revised terms of this License. Subsequent versions of this License will bear a different version number.

10. Updates of Licensee information

You may transmit an updated version of the “card.pdf” Confirmation Card at any time to Wizards of the Coast.

11. Notices to Licensor:

Wizards of the Coast c/o Publishing Division Attn: Roleplaying Games Department PO Box 707 Renton, WA 98057-0707

12. No maintenance or support

Wizards of the Coast shall have no obligation whatsoever to provide You with any kind of maintenance or support in relation to the d20 System trademark logos.

13. No Warranty / Disclaimer

THE D20 SYSTEM TRADEMARK LOGO FILES ARE MADE AVAILABLE ON AN “AS IS” BASIS. WIZARDS OF THE COAST DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE FITNESS FOR A PARTICULAR PURPOSE, USE OR MERCHANTABILITY. WIZARDS OF THE COAST MAKES NO REPRESENTATION OR WARRANTY THAT THE D20 SYSTEM TRADEMARK LOGO FILES ARE ERROR-FREE.