EABA Open Supplement License v1.0

EABA Open Supplement License, Version 1.0

The following License governs the copying, modifying and distributing of EABA-compatible material. By copying, modifying, and/or distributing such material, you are agreeing to be bound by the terms of this License. The content of this license may not be modified, but format, size and placement may be adjusted to suit the nature of a particular EABA-compatiable work.

1. Application
This License applies to supplement material
compatible with EABA produced by any individual or entity other than BTRC. It does not extend to any other products or works by BTRC. EABA itself is a copyrighted work and may not be copied, modified, translated or distributed without permission from BTRC. This license does allow specific, limited sections of EABA to be used in EABA-compatible supplement material, as delineated in section 3.2.

2. Definitions in this License
“Copyright Notice” means any copyright notice applying to EABA, EABA-compatible material or derivative works.

“EABA-compatible” means a work which is not EABA but which refers to, is compatible with, and/or depends upon EABA in order to be fully utilized.

“Distribute” means to distribute by any media and in any form, whether gratis, for a direct or indirect fee, or any form of exchange.

“EABA” means the copyrighted EABA roleplaying system, as expressed in the downloaded, printed, electronic storage media or any other versions of the product.

“The EABA Open Supplement License notice”
means the following: “This work contains material copied from or derived from EABA, the roleplaying system created by BTRC. You may not copy, modify, and/or distribute this material except in compliance with the EABA Open Supplement License. To learn more, visit the BTRC web site at http://www.btrc.net.”

“You” or “Your” means an individual or a legal entity exercising rights under this License.

3. Consideration
In consideration for agreeing to use this License,
effective on the date You accept this License, BTRC grants you a world-wide, royalty-free, non-exclusive License to the permitted uses described below.

3.1. You may Distribute Your EABA-compatible or derivative material, provided that You must in every instance retain and prominently reproduce in all copies the EABA Open Supplement License, the Copyright Notice, and this License.

3.2. You may include terminology specific to EABA, page format, blank reference sheets or diagrams from EABA and add to or expand upon EABA rules or rule concepts, so long as these do not exactly or conceptually reproduce existing EABA rules.

3.3. You may copy and Distribute Your EABAcompatible work, provided that You must in each instance send a copy of the EABA-compatible work to BTRC (if hardcopy or data storage medium) or btrc@btrc.net (if electronically transmitted) so that it can be archived publically if a freely available work, or kept for private archival purposes if not.

4. Representation
By Distributing Your EABA-compatible work, You
represent that it is Your original creation and/or that You have sufficient rights to Your EABA-compatible works to make the grants described in this License.

5. Versions of the License
BTRC may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. New EABAcompatible works must always use the most recent version of the License from the BTRC web site. Once an EABA-compatible work has been published under a particular version of this License, You may continue to use it under the terms of that version or You may choose to use it under the terms of any
subsequent version of this License published by
BTRC. No one other than BTRC has the right to
modify the terms of this License.

6. No warranty
You expressly acknowledge and agree that use of EABA is at Your sole and entire risk. EABA is provided “as is” and without warranty of any kind. BTRC expressly disclaims all warranties and/or conditions, express or implied, including but not limited to, the implied warranties and/or conditions of satisfacttory quality, merchantability, fitness for a particular purpose and non-infringement of third party rights. No oral or written information or advice given by
BTRC shall create a warranty.

7. Limitation of liability
Under no circumstances shall BTRC be liable for any incidental, special, indirect or consequential damages arising out of or relating to this License or Your use of EABA, whether under a theory of contract, warranty, tort (including negligence), products liability or otherwise. In no event shall BTRC total liability to You for all damages under this License exceed the amount of ten dollars (US$10.00).

8. Trademarks
“EABA” is a trademark of BTRC. Subject to the terms and conditions of this License, BTRC hereby grants You, effective on the date You accept this License,
a world-wide, royalty-free, non-exclusive License to use the trademark “EABA” for the sole purpose of Distributing EABA-compatible works. Acceptable
graphic representations of the EABA logo are available at www.btrc.net. This License does not grant You any rights to use the trademark or trade name “BTRC”, “Blacksburg Tactical Research Center” or any other trademarks or trade names belonging to BTRC except as part of this License agreement.

9. Termination
This License and the rights granted herein will terminate automatically without notice from BTRC if You fail to comply with any term or terms of this License and fail to cure such breach within 30 days of being notified of such breach by BTRC.

9.1.
Where BTRC determines that a purportedly EABA-compatible work is in fact a violation of copyright, this constitutes a breach of this License. BTRC may terminate this License and the rights granted herein if You fail to cure such breach within 30 days of being notified of such breach by BTRC. BTRC may, at itÕs option, use any applicable copyright law to protect itÕs intellectual property rights.

9.2.
Where BTRC determines an EABA-compatible work does not comply with subsection 4.1 of this License, this constitutes a breach of this License. BTRC may terminate this License and the rights granted herein if You fail to cure such breach within 30 days of being notified of such breach by BTRC.

9.3.
Upon termination, You agree to immediately stop any further copying, modifying, and/or Distributing of the EABA-compatible work in question. Except in the case of copyright violation, You will not be liable to BTRC for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of either party.

9.4.
Termination of Your License by BTRC shall not be effective to terminate the License of anyone else enjoying rights under this License.
10. Miscellaneous

10.1.
This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between You and BTRC, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.

10.2.
Nothing in this License will impair the BTRC right to acquire, license, develop, market and/or Distribute products that perform the same or similar functions as, or otherwise compete with Your EABAcompatible work.

10.3.
Failure by BTRC to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law, regulation, or rule of interpretation which provides that the language of a contract shall be construed against the drafter will not apply to this License.

10.4.
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.

10.5.
This License constitutes the entire agreement between the parties with respect to the subject matter thereof.