Efre Ousel Gaming License

With legal support from David Lizerbram & Associates, the Efre Ousel setting was created with “open content” enabling others to write in this world and maintain ownership of the stories they create. The hope is to foster a collaborative community, where other creatives can build upon each other’s work.

=====License=====

You are permitted to use Open Game Content under this “License”. 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.

By using the Open Game Content you indicate your acceptance of the terms of this License.

In consideration for agreeing to use this License, Hopkins grants you a perpetual, worldwide, royalty-free, nonexclusive License with the exact terms of this License to use the Open Game Content.

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.

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.

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

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

Hopkins 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.

You must include a copy of this License with every copy of the Open Game Content you distribute.

You may not market or advertise the Open Game Content using the name of Hopkins unless you have written permission from Hopkins to do so.

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.

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.

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.

This Agreement shall be governed by and construed and enforced in accordance with the law of the State of Texas.

Any controversy, claim or dispute arising out of or relating to this Agreement shall be settled in the following order of preference: (1) By good faith negotiation between representatives of the parties who have authority to fully and finally resolve the dispute; (2) If necessary, by non-binding mediation at a location acceptable to both parties in Tarrant County using a neutral mediator. In any mediation, the parties shall equally share the cost of the mediator and otherwise bear their own respective costs; or (3) As a last resort only, by binding arbitration in Tarrant County. Such arbitration shall be conducted in accordance with the then prevailing commercial arbitration rules of the American Arbitration Association, with the following exceptions if in conflict: (a) one arbitrator shall be chosen by the American Arbitration Association; (b) each party to the arbitration will pay its pro rata share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and (c) arbitration may proceed in the absence of any party if written notice (pursuant to the Arbitrator’s rules and regulations) of the proceeding has been given to such party. The parties agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court having jurisdiction thereof as a basis of judgment and of the issuance of execution for its collection. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity, provided however, that nothing in this subsection shall be construed as precluding bringing an action for injunctive relief or other equitable relief. The arbitrator shall not have the right to award punitive damages or speculative damages to either party and shall not have the power to amend this Agreement. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. YOU MAY ONLY RESOLVE DISPUTES WITH HOPKINS ON AN INDIVIDUAL BASIS AND YOU AGREEE NOT TO BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS).

=====Permission=====

For the Efre Ousel Campaign Setting, version 1.5, David Hopkins (“Author”) created a fantasy world with an Open Game License. Pursuant to the terms of this section (the “Permission”), the Author intends for this setting to be accessible to other writers, artists, game designers, filmmakers, and other creative persons who use the elements found within the Open Game License (“Creatives”) for the option of producing, distributing, and selling original work within this setting. The Author believes that such work enhances the setting and contributes to its overall value and depth.

Creatives are free to remix, transform, and build upon the material for any purpose, even commercially. The Author cannot revoke these freedoms as long as you follow the terms.

Under the following terms:

1. Attribution. You must give appropriate credit, cite David Hopkins as the creator of the Efre Ousel setting, provide a link to the Author’s website (www.thatdavidhopkins.com), and indicate if substantial changes were made. You may attribute in any reasonable manner, but not in any way that suggests the Author endorses you or your use.

2. No Additional Restrictions. You may not apply legal terms or technological measures that legally restrict others from doing anything this Permission allows.

3. Notification. Creatives should notify the Author, either via email (davidhopkins at gmail.com) or post to Efre Ousel Discord (https://discord.gg/uney7VT), about any relevant work that will be published for commercial or non-commercial use. This notification does not constitute approval or endorsement, but is intended to inform the creative community and to maintain a catalog of existing work.

4. Originality. Creatives may only produce original works that develop new main characters, plots, and story elements within the setting—respecting prior material of the Author and other Creatives. Including established characters, created by the Author, in supporting roles in a way that is consistent with the spirit of that character is not considered a violation of this term.

Author or Creative must seek express written permission from the originator of a character (Author or Creative) if the intent is to use that character as the main feature of their work. For example, Bren Caius, Kret the Bonebreaker, Dahlia Tulan, and Silbrey are characters originating from the Author. To use one of these characters as the main character would require additional permission.

When using an element from another Creative's work, use a citation such as, "Sparkle Gnome from City Adventure by Jane Doe" on your credit page.

Extending Permission: Our hope is to foster a collaborative community, where Creatives can build upon each other’s work. We would encourage anyone interested in creating content within Efre Ousel to maintain this open sharing spirit—and consider posting similar Permission verbiage at the end of their work.

5. Consistency. For any discrete work of written fiction, print or digital, Creatives must include "Tales from Efre Ousel" on the title page. (See A Slow Parade in Penderyn as an example).

6. Copy of this Permission. Author or Creative must include a copy of this Permission with every copy of Efre Ousel content distributed.

Notices:

You do not have to comply with the Permission for elements of the material in the public domain or where your use is permitted by an applicable exception or limitation.

No warranties are given. This Permission may not give you all of the freedoms necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

A Safe Place for Gaming: The Efre Ousel Campaign Setting does not promote sexism, racism, ableism, transphobia, and homophobia, as well as depictions of rape and/or sexual assault—including story elements that use magic or other enchantment to compel sexual consent. If this is the type of content you want to create, go elsewhere. We will take efforts to restrict licenses should we discover abuses of this principle in your work.

By using the Efre Ousel Campaign Setting, you indicate your acceptance of the terms of this Permission.

Efre Ousel Campaign Setting

©️ 2019 David Hopkins