|
| 1 | + Essential Partner Mod Integration™ |
| 2 | + Use and Contribution License Agreement |
| 3 | + Last Updated: 17th April 2025 |
| 4 | + |
| 5 | +This Use and Contribution License Agreement allows you to modify, create, fork, |
| 6 | +and use new versions of our Essential Partner Mod Integration in accordance with |
| 7 | +the GPL-3 License. However, if you submit a pull request with changes or |
| 8 | +additions to the main Essential Partner Mod Integration repository, subject to |
| 9 | +the terms of this license, you transfer the copyright and ownership of those |
| 10 | +changes to Essential. This introduction is for summary purposes only and does |
| 11 | +not constitute part of the agreement. |
| 12 | + |
| 13 | + * * * |
| 14 | + |
| 15 | +ModCore Inc., doing business as Essential™ ("Essential"), owns, publishes, |
| 16 | +and makes available for download and use its Essential Partner Mod Integration™ |
| 17 | +modification to the Minecraft® game (collectively with all of its features |
| 18 | +and content and all updates thereto and versions thereof, the "Mod"), |
| 19 | +including its underlying source code (collectively with all updates thereto and |
| 20 | +versions thereof, the "Mod Code"), subject to the terms of this Use and |
| 21 | +Contribution License Agreement (this "Agreement"). Each individual, |
| 22 | +corporation, limited liability company, partnership, association, or other |
| 23 | +entity or party (each, a "Person") that downloads and/or uses the Mod and/or |
| 24 | +the Mod Code (each, a "User") shall be deemed to have accepted, executed, and |
| 25 | +be bound by the terms of this Agreement. |
| 26 | + |
| 27 | +EACH INDIVIDUAL USER MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO DOWNLOAD |
| 28 | +AND/OR USE THE MOD AND THE MOD CODE OR, IF BETWEEN THE AGES OF THIRTEEN |
| 29 | +(13) AND EIGHTEEN (18), HAVE THE PERMISSION OF THEIR PARENT OR LEGAL GUARDIAN |
| 30 | +AND HEREBY REPRESENTS AND WARRANTS THAT THEY HAVE OBTAINED SUCH PERMISSION. |
| 31 | + |
| 32 | +NOW, THEREFORE, for good and valuable consideration, the receipt and |
| 33 | +sufficiency of which are hereby accepted: |
| 34 | + |
| 35 | +1. GNU General Public License v.3.0. |
| 36 | + |
| 37 | +The GNU General Public License v.3.0, dated 29th June 2007, available at |
| 38 | +https://www.gnu.org/licenses/gpl-3.0.en.html (as amended from time to time, |
| 39 | +"GPL-3"), is hereby incorporated by reference into, and made part of, this |
| 40 | +Agreement and governs each User's download and use of the Mod and the Mod |
| 41 | +Code; provided, however, to the extent of any conflict between any |
| 42 | +permissions, rights, obligations, terms, or conditions in this Agreement and |
| 43 | +GPL-3, this Agreement shall govern and control, including where expressly |
| 44 | +stated under Section 3 of this Agreement. All other rights in and to the Mod |
| 45 | +and the Mod Code are hereby expressly reserved. For purposes of GPL-3, the |
| 46 | +Mod Code, in the form published from time to time in its code repository |
| 47 | +presently located at https://github.com/EssentialGG/EssentialPartnerMod |
| 48 | +(the "Mod Repository"), is the "Program" as defined therein. |
| 49 | + |
| 50 | +2. Creation of Modified Versions. |
| 51 | + |
| 52 | +Each User is permitted under GPL-3 to create and use "modified versions" of |
| 53 | +the Program (i.e., the Mod Code) as defined therein (collectively, "Modified |
| 54 | +Versions") and subject to the terms and conditions thereof. Each User who |
| 55 | +creates a Modified Version may be referred to herein as a "Contributor". |
| 56 | + |
| 57 | +3. Proposal and Acceptance of Modified Versions. |
| 58 | + |
| 59 | +Essential invites, but does not require, Contributors to submit their Modified |
| 60 | +Versions to Essential for potential inclusion in the Mod Code (each, a |
| 61 | +"Proposed Contribution"), subject to the following terms and conditions: |
| 62 | + |
| 63 | +(a) Submission Process. Contributors may submit their Proposed Contributions |
| 64 | +by opening a "pull request" on the Mod Repository. For more information on |
| 65 | +how to create a pull request, visit https://docs.github.com/en/pull-requests/ |
| 66 | +collaborating-with-pull-requests/proposing-changes-to-your-work-with-pull- |
| 67 | +requests/creating-a-pull-request. For the avoidance of doubt, Contributors |
| 68 | +are not obligated to submit any of their Modified Versions to Essential as |
| 69 | +Proposed Contributions and may "fork" the Mod Code of their Modified |
| 70 | +Versions, thereby creating a derivative work subject to the terms of GPL-3. |
| 71 | + |
| 72 | +(b) Review and Acceptance. When a Contributor pushes a Proposed Contribution |
| 73 | +to the Repository, Essential will review the Proposed Contribution and may |
| 74 | +conduct whatever reviews and testing of the code as it deems necessary in its |
| 75 | +sole discretion, after which time Essential may (i) accept the Proposed |
| 76 | +Contribution (thereafter, an "Accepted Contribution"); (ii) decline the |
| 77 | +Proposed Contribution; or (iii) request that the Contributor make changes or |
| 78 | +refinements to the code for the Proposed Contribution and resubmit the |
| 79 | +Proposed Contribution for Essential's review and acceptance, which the |
| 80 | +Contributor may accept or decline in their sole discretion. |
| 81 | + |
| 82 | +(c) Merging Accepted Contributions into Mod Code. Essential will have full |
| 83 | +discretion whether to merge any Accepted Contribution into the Mod Code and |
| 84 | +the Mod Repository. Essential is not obligated to include, use, or otherwise |
| 85 | +exploit any Accepted Contribution (or any portion thereof) in any manner, and |
| 86 | +each Contributor acknowledges and agrees that any decision by Essential |
| 87 | +respecting the use of inclusion of their Accepted Contribution shall be in |
| 88 | +Essential's sole discretion. |
| 89 | + |
| 90 | +4. Ownership. |
| 91 | + |
| 92 | +Each Contributor shall retain all right, title, and interest in and to their |
| 93 | +respective Modified Versions and Proposed Contributions subject to the terms |
| 94 | +of GPL-3. In the event Essential accepts a proposed Contribution thereby |
| 95 | +becoming an Accepted Contribution in accordance with the terms of Section 2 of |
| 96 | +this Agreement, to the fullest extent allowable and for the full term of |
| 97 | +protection otherwise accorded to its Contributor under applicable law, the |
| 98 | +Contributor shall be deemed to have already (i) irrevocably assigned, |
| 99 | +transferred, granted, conveyed, and relinquished to Essential all right, |
| 100 | +title, and interest, including, without limitation, all copyrights, neighboring |
| 101 | +rights, trademarks, patents, and any and all other ownership and exploitation |
| 102 | +rights, now or hereafter recognized in any and all territories and |
| 103 | +jurisdictions (collectively, "IP Rights"), in and to the Accepted Contribution |
| 104 | +in perpetuity throughout the universe, without any compensation therefor, to |
| 105 | +the fullest extent allowable and for the full term of protection otherwise |
| 106 | +accorded to the Contributor under applicable law (including any and all |
| 107 | +renewals, extensions, and revivals thereof), and (ii) unconditionally and |
| 108 | +irrevocably waived any "moral rights," "droit moral," or similar "moral |
| 109 | +rights of authors" throughout the universe and in connection with the Accepted |
| 110 | +Contribution. Any and all of an Accepted Contribution that is incorporated by |
| 111 | +Essential into the Mod Code shall become fully part of, and inseparable from, |
| 112 | +the Mod Code and, to the extent copyrightable, the copyright claimed |
| 113 | +exclusively by Essential and its assignees in and to the Mod Code, whether or |
| 114 | +not registered with the U.S. Copyright Office or any other copyright |
| 115 | +registrar; a Contributor shall not register, or apply or attempt to register, |
| 116 | +their Accepted Contribution(s) with the U.S. Copyright Office or any other |
| 117 | +copyright registrar or otherwise claim status as a "joint copyright owner" |
| 118 | +with respect thereto. This Section 4 shall control to the extent that there |
| 119 | +are any conflicting terms and conditions contained in GPL-3 applicable to |
| 120 | +ownership of the Accepted Contribution and its Contributor's use thereof, |
| 121 | +including, without limitation, Paragraph 2 of Section 2 (Basic Permissions), |
| 122 | +Section 5 (Conveying Modified Source Versions), and Section 6 (Conveying Non- |
| 123 | +Source Forms) thereof, and all such activities shall constitute a breach of |
| 124 | +this Section 4. |
| 125 | + |
| 126 | +5. Representations and Warranties. |
| 127 | + |
| 128 | +By submitting a Proposed Contribution, its Contributor represents and warrants |
| 129 | +to Essential that (i) the rights in and to the Proposed Contribution that are |
| 130 | +granted by the Contributor hereunder will not conflict with or violate any |
| 131 | +commitment, agreement, or understanding such Contributor has with any third- |
| 132 | +party Person; (ii) the Proposed Contribution, when delivered to Essential, |
| 133 | +will be free and clear of any liens and claims by any third party; and (iii) |
| 134 | +the Proposed Contribution and Essential's use thereof will not violate or |
| 135 | +infringe upon any Intellectual Property Rights, right of privacy, or any |
| 136 | +statutory or common law rights of any Person, be libelous or otherwise subject |
| 137 | +Essential to liability, or be contrary to law. |
| 138 | + |
| 139 | +6. Indemnification. |
| 140 | + |
| 141 | +In accordance with Section 7(f) of GPL-3, each Contributor shall indemnify, |
| 142 | +defend, and hold harmless Essential and its present and future parent, |
| 143 | +subsidiary, and affiliate companies and each of their respective present and |
| 144 | +future officers, directors, shareholders, managers, members, employees, |
| 145 | +agents, representatives, successors, and permitted assigns (collectively, the |
| 146 | +"Indemnified Parties") from and against any and all liabilities, losses, |
| 147 | +damages, costs, expenses (including, without limitation, attorneys' fees and |
| 148 | +court costs), settlements, judgments, and recoveries resulting from any claim, |
| 149 | +suit, litigation, action, cause of action, or demand, whether based in whole |
| 150 | +or in part in contract, tort, negligence, statute, or otherwise (each, a |
| 151 | +"Claim"), brought or asserted by a third-party Person to the extent arising |
| 152 | +out of or attributable to any Accepted Contribution or material breach, or |
| 153 | +allegation which if true would constitute a material breach, of the |
| 154 | +Contributor's obligations, representations, or warranties hereunder. Essential |
| 155 | +shall notify the Contributor in writing of any Claim subject to |
| 156 | +indemnification hereunder (provided any delay in such notice shall not relieve |
| 157 | +the Contributor of its indemnification obligations except to the extent such |
| 158 | +delay prejudices the defense of such Claim) and give the Contributor the |
| 159 | +opportunity to defend or settle such Claim solely with Essential's prior |
| 160 | +written consent and using legal counsel acceptable to Essential, and cooperate |
| 161 | +with the Contributor in such defense and settlement, all at the Contributor's |
| 162 | +sole cost and expense. |
| 163 | + |
| 164 | +7. Use of Essential's Trademarks. |
| 165 | + |
| 166 | +All Contributors hereby acknowledge Essential's exclusive trademark rights in |
| 167 | +and to ESSENTIAL, ESSENTIAL MOD, ESSENTIAL LOADER, ESSENTIAL INSTALLER and |
| 168 | +ESSENTIAL PARTNER MOD INTEGRATION (together, the "Marks") for use in |
| 169 | +connection with, among other things, downloadable and non-downloadable |
| 170 | +software, applications, and video and computer games and software as a service |
| 171 | +(SaaS) and platforms as a service (PaaS), based on Essential's ongoing use of |
| 172 | +the Marks in commerce, and in accordance with Section 7(e) of GPL-3, agree not |
| 173 | +to use, sell, license, commercialize, or otherwise exploit any Modified |
| 174 | +Version under the Marks or any other trademark of Essential or any variation |
| 175 | +thereof or apply to register any of the foregoing with the U.S. Patent and |
| 176 | +Trademark Office or any other trademark registrar. |
| 177 | + |
| 178 | +8. Relationship of Contributor to Essential. |
| 179 | + |
| 180 | +Nothing in this Agreement or in any course of dealing shall create any |
| 181 | +employment, service, agency, partnership, or joint venture relationship |
| 182 | +between Essential, on the one hand, and any Contributor or other User, on the |
| 183 | +other hand. Essential shall not compensate, monetarily or otherwise, any |
| 184 | +Contributor in exchange for them creating, submitting, or modifying a Proposed |
| 185 | +Contribution or for Essential accepting and/or incorporating into the Mod Code |
| 186 | +any Accepted Contribution. |
| 187 | + |
| 188 | +9. Notices to Users. |
| 189 | + |
| 190 | +All agreements, notices, disclosures, and other communications that Essential |
| 191 | +provides to a User electronically shall satisfy any legal requirement that |
| 192 | +such communications be in writing. |
| 193 | + |
| 194 | +10. Entire Agreement; Severability. |
| 195 | + |
| 196 | +This Agreement, together with the GPL-3 to the extent applicable hereunder, |
| 197 | +constitutes the entire agreement and understanding between Essential, on the |
| 198 | +one hand, and each Contributor and each other User, on the other hand, with |
| 199 | +respect to the subject matter hereof, and supersedes all prior and |
| 200 | +contemporaneous discussions, documents, agreements, and prior course of |
| 201 | +dealing between the parties with respect thereto. If any term, provision, or |
| 202 | +condition, or any part thereof, of this Agreement shall for any reason be |
| 203 | +found or held invalid or unenforceable by any court of competent |
| 204 | +jurisdiction, such invalidity or unenforceability shall not affect the |
| 205 | +remainder of such term, provision, or condition nor any other term, |
| 206 | +provision, or condition, and this Agreement shall survive and be construed as |
| 207 | +if such invalid or unenforceable term, provision, or condition had not been |
| 208 | +contained therein. |
| 209 | + |
| 210 | +11. Governing Law; Dispute Resolution. |
| 211 | + |
| 212 | +This Agreement shall be governed by and construed in accordance with the laws |
| 213 | +of the State of New York, without regard to any conflict or choice of laws |
| 214 | +rules to the contrary. Any dispute arising hereunder shall be adjudicated |
| 215 | +exclusively in the state or federal courts located in the County of New York |
| 216 | +in the State of New York, and each User waives any jurisdictional, venue, or |
| 217 | +inconvenient forum objections to such courts. |
| 218 | + |
| 219 | +12. No Waivers. |
| 220 | + |
| 221 | +No failure to exercise, or delay in exercising, any right, remedy, power, or |
| 222 | +privilege arising from this Agreement shall operate or be construed as a |
| 223 | +waiver thereof, nor shall any single or partial exercise of any right, |
| 224 | +remedy, power, or privilege hereunder preclude any other or further exercise |
| 225 | +thereof or the exercise of any other right, remedy, power, or privilege. |
| 226 | + |
| 227 | +13. Changes to this Agreement and the License Terms. |
| 228 | + |
| 229 | +Essential may change or amend this Agreement at any time at its sole |
| 230 | +discretion. If Essential makes a material change or amendment to this |
| 231 | +Agreement, it will notify each User by posting such changes or amendments on |
| 232 | +Essential's website and other website(s) where Essential makes the Mod and/or |
| 233 | +Mod Code available for download (e.g., a GitHub repository), which changes or |
| 234 | +amendments will be effective automatically upon the posting thereof. IF A USER |
| 235 | +DEEMS ANY OF THIS AGREEMENT OR ANY FUTURE CHANGES TO BE UNACCEPTABLE, THAT |
| 236 | +USER SHOULD NOT USE OR CONTINUE TO USE THE MOD OR THE MOD CODE AND DELETE |
| 237 | +ALL DOWNLOADED COPIES OF THE MOD CODE IN THEIR POSSESSION OR STORED ON ANY OF |
| 238 | +THEIR DEVICES. A USER'S CONTINUED USE OF THE MOD AND/OR MOD CODE FOLLOWING |
| 239 | +THE POSTING OF ANY NOTICE OF ANY CHANGE TO THIS AGREEMENT SHALL CONSTITUTE |
| 240 | +THEIR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE. |
| 241 | + |
| 242 | + [End of Agreement] |
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