Shard Shared Source License Agreement

Version: 1.0

This Shard Shared Source License Agreement ("License") is entered into between The Modding Foundation, operating as HytaleModding ("HytaleModding," "we," "our," or "us"), and the individual or legal entity accepting this License ("you" or "your").

Subject to your compliance with this License, HytaleModding grants you a worldwide, non-exclusive, revocable, non-transferable, non-sublicensable, no-charge, and royalty-free copyright license to reproduce, prepare derivative works of, and use the work of authorship accompanying this License (the "Work") solely as expressly permitted under this License.

1. Acceptance

Your access to or use of the Work constitutes your acceptance of this License.

If you do not agree to the terms of this License, you must not access or use the Work.

HytaleModding may publish revised versions of this License from time to time. Continued access to or use of the Work after the effective date of a revised License constitutes acceptance of the revised License.

2. Definitions

For purposes of this License:

"Work" means the Shard source code, documentation, assets, configuration files, build scripts, examples, test files, tooling, and any other materials distributed by HytaleModding under this License.
"Repository" means any Git repository or other source code repository designated by HytaleModding for distribution of the Work.
"Contribution" means any code, documentation, bug fix, patch, pull request, issue, suggestion, asset, test, or other material submitted to HytaleModding relating to the Work.
"Derivative Work" means any work based upon or incorporating all or any substantial portion of the Work.
"Authorized User" means a person or legal entity that has been expressly granted access to the Work by HytaleModding and has accepted this License.

3. Grant of License

Subject to this License, you may:

access the Work through authorized repositories;
clone the Repository to your own systems solely as technically necessary to review, build, test, evaluate, - or contribute to the Work;
compile and execute the Work;
modify the Work solely for internal evaluation or to prepare Contributions intended for HytaleModding; and
submit Contributions through channels designated by HytaleModding.

No other rights are granted.

4. Permitted Use

The rights granted under this License may be exercised solely in connection with:

reviewing and understanding the Work;
developing, maintaining, testing, documenting, or improving Shard;
evaluating proposed changes to the Work;
reporting issues or security vulnerabilities;
preparing and submitting Contributions to HytaleModding;
developing mods, plugins, extensions, tools, or other software designed to operate with or alongside Shard; and
collaborating with other Authorized Users on the Shard project.

Nothing in this License permits the use of the Work to create or distribute an independent implementation, competing framework, engine, SDK, library, or other software project that incorporates or is substantially derived from the Work, except with the prior written authorization of HytaleModding.

5. Restrictions

Except as expressly permitted by this License, you shall not:

publish the Work;
redistribute the Work;
sublicense the Work;
sell, lease, license, rent, or otherwise commercialize the Work;
disclose the Work to any person who is not an Authorized User;
copy substantial portions of the Work into another project;
use the Work, or any substantial portion of it, as the basis of an independent server implementation, framework, engine, SDK, library, or other software project that is not developed as part of or for Shard;
use the Work to develop a competing product or service;
remove or alter copyright notices or license notices;
reverse engineer any non-source components accompanying the Work except as permitted by applicable law;
create public or private mirrors of the Repository;
create public forks of the Repository;
publish archives or snapshots of the Repository;
upload the Work to package registries, code hosting services, or other distribution platforms;
grant any third party access to your local copies of the Work; or
otherwise distribute the Work except as expressly authorized by HytaleModding.

Local copies created solely as required to exercise the rights granted by this License are permitted but remain subject to all restrictions contained herein.

6. Repository Access

Access to the Work is provided solely through repositories designated by HytaleModding.

To obtain access, you must:

be expressly authorized by HytaleModding;
accept this License; and
satisfy any additional access requirements established by HytaleModding.

HytaleModding may suspend, revoke, or modify your access to the Work at any time, with or without notice.

7. Ownership

The Work is and shall remain the intellectual property of HytaleModding.

Except for the limited rights expressly granted by this License, no ownership, title, or interest in the Work is transferred to you.

Nothing in this License grants any patent, trademark, trade secret, or other intellectual property rights except as expressly stated herein.

All rights not expressly granted are reserved.

8. Contributions

Submission of a Contribution does not obligate HytaleModding to review, accept, merge, publish, or otherwise use that Contribution.

Ownership and licensing of Contributions shall be governed by any applicable Contributor License Agreement, Contributor Assignment Agreement, or other written agreement between you and HytaleModding.

In the absence of such an agreement, this License does not transfer ownership of your Contributions.

9. Trademarks

This License grants no right to use the names, trademarks, service marks, logos, branding, or trade dress of HytaleModding, The Modding Foundation, Shard, or any affiliated project except as expressly authorized in writing.

10. Copyright Notices

You shall retain all copyright, attribution, and license notices included with the Work.

You shall not remove, obscure, or modify any copyright or proprietary notices.

11. Confidentiality

The Work is confidential and proprietary to HytaleModding.

You shall keep the Work confidential and shall not disclose, publish, upload, transmit, distribute, or otherwise make the Work available to any person other than Authorized Users.

You shall not publish the Work in any public repository, mirror, archive, website, or publicly accessible location.

You shall protect the Work using at least a reasonable degree of care and no less than the care used to protect your own confidential information of a similar nature.

These obligations do not apply to any portion of the Work that HytaleModding has intentionally made publicly available without restriction.

This Section survives termination of this License.

12. Reservation of Rights

All rights not expressly granted by this License are reserved by HytaleModding and the applicable copyright holders.

No implied licenses are granted.

13. Disclaimer of Warranty

THE WORK IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE WORK WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HYTALEMODDING, THE MODDING FOUNDATION, ITS CONTRIBUTORS, MAINTAINERS, OFFICERS, DIRECTORS, VOLUNTEERS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, GOODWILL, BUSINESS OPPORTUNITY, OR OTHER ECONOMIC LOSS ARISING OUT OF OR RELATING TO THE WORK OR THIS LICENSE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. Compliance and Termination

You shall comply with all applicable laws while exercising the rights granted under this License.

This License terminates immediately if:

you breach any provision of this License;
HytaleModding revokes your authorization to access the Work; or
you continue using the Work after your authorization has ended.

Upon termination, you shall immediately:

cease all use of the Work;
destroy or permanently delete all local copies of the Work under your control, except where retention is required by law; and
cease distributing or sharing any materials derived from the Work.

Termination does not affect rights or obligations intended to survive termination.

16. Governing Law

This License shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws principles.

The parties irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of North Carolina for the resolution of any dispute, claim, or controversy arising out of or relating to this License or the Work.

The parties waive any objection based on improper venue or forum non conveniens to proceedings brought in such courts. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this License.