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Home > About > Legalities > Fudge Trademark License

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Fudge System Trademark License PDF Print E-mail
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If you wish to use the Fudge logos (with the "swoosh" die), you'll need to agree to and follow the Fudge System Trademark License and Usage Guidelines. Note that this license also requires you to agree to and follow the Open Game License.


FUDGE SYSTEM TRADEMARK LICENSE (FSTL)
For Open Game License (OGL) Fudge Material
Version 1.1 (June, 2005)

With this Fudge System Trademark License (hereinafter “FSTL”), Grey Ghost Press, Inc. (“Grey Ghost”) is pleased to grant you a limited, non-exclusive, royalty-free worldwide license to use its Fudge-related trademarks to indicate that your game material is compatible with the Fudge Roleplaying Game system.

1. Acceptance of Terms:
By downloading or using the Fudge logos covered by this license or by registering as a Fudge Publisher as detailed at the end of this document or online at http://fudgerpg.com/fudge-publishing.html, you agree to be bound by the terms and conditions contained in this FSTL for so long as you continue to use any of Grey Ghost trademarks licensed via this agreement.

2. Trademark Ownership:
Grey Ghost owns the Fudge logo and the Fudge System logo (the “Licensed Marks”). Images of these logos are available at http://fudgerpg.com/fudge-publishing.html. The marks GREY GHOST, GREY GHOST PRESS, and the ghost horse logo associated with Grey Ghost are trademarks of Grey Ghost and may not be used for any purpose without express written permission of Grey Ghost.

3. Agreement Not to Contest:
You agree not to contest the ownership of the Licensed Marks. You further agree and accept that the Licensed Marks constitute Product Identity as that term is defined in the OGL, incorporated herein by reference thereto.[1] You further agree that the terms and conditions outlined in this section shall survive the termination of this agreement.

4. License to Use:
You are hereby granted the non-transferable, non-exclusive, royalty-free license to use the Fudge logo and the Fudge System logo (the “Licensed Marks”), in accordance with the conditions specified in this license.

You may use the Licensed Marks solely to indicate that your product is Fudge-compatible. You may not use the Licensed Marks except on or in connection with products that are fully Fudge-compatible.

All uses of the Licensed Marks will be in compliance of the terms of this license and also the Fudge System Trademark Usage Guidelines (the “Guidelines”), as found at http://fudgerpg.com/fudge-publishing.html. The Guidelines may be modified from time to time, in which case Grey Ghost shall make every reasonable effort to notify you of such modifications, provided you have registered as a Fudge Publisher (see “Registering as a Fudge Publisher,” attached).

Any other use of the Licensed Marks, except as allowed under “fair use” provisions of United States intellectual property law, is expressly forbidden and constitutes an infringement of Grey Ghost’s intellectual property rights.

You have no rights of any kind in the Licensed Marks, except to the extent granted by this FSTL. You acknowledge that this license does not grant you any rights with respect to any other Grey Ghost trademarks.

5. Compliance with the Open Game License:
Per the terms of the Open Game License (hereinafter “OGL”), incorporated herein by reference, you agree not to use the Licensed Marks unless you do so in accordance with the terms and conditions described in this FSTL.

6. Goodwill:
You acknowledge that all goodwill associated with your use of the Licensed Marks inures to the exclusive benefit of Grey Ghost. You will not do anything inconsistent with Grey Ghost’s ownership of the Licensed Marks, such as filing any trademark application for an identical or similar logo anywhere in the world, now or in the future. You will not use the Licensed Marks in any manner that suggests Grey Ghost’s endorsement or recommendation of your Product or otherwise creates a false association with Grey Ghost, or on or in connection with anything that is unlawful or encourages unlawful conduct.

7. Indemnification:
You will defend, indemnify, and hold harmless Grey Ghost against losses, liability, damage, cost and/or expense (including reasonable legal fees) arising out of any claims or suits, whatever their nature and however arising, because of your use of the Licensed Marks in any manner except as expressly permitted by this License, or for any personal injury, product liability, copyright infringement, or other claim arising from the production, promotion, distribution, sale and/or offer for sale, and/or the performance of your Product.

8. Breach and Cure:
In the event you fail to comply with the terms of this FSTL, you will be considered to be in breach of this license. Grey Ghost will attempt to notify you in writing by sending an email and first class mail letter to the email address and mailing address listed on the most recent license registration information on file, if any. You will have 30 days from the date of the notice (the “cure period”) to cure the breach to the satisfaction of Grey Ghost. If no license registration information is on file, you will be considered to be in breach of this License immediately.

9. Termination:
Grey Ghost may terminate this License as follows:

a. In the event that you are in breach of this license and fail to cure your breach within the 30-day notice period, this License will be deemed terminated without further written notice to you. Upon termination, you shall immediately stop all use of the Licensed Marks and destroy any inventory or marketing material in your possession bearing the Licensed Marks. You will at your sole expense remove any use of the Licensed Marks from your advertising, web site, letterhead, or any other use.

b. This license is revocable at will by Grey Ghost at Grey Ghost’s sole discretion. In the event Grey Ghost revokes your right to use the covered trademarks, you may deplete existing inventory that is otherwise in compliance with the terms of this License and the Guidelines.

10. Maintenance and Warranties:
Grey Ghost has no obligation to provide any kind of maintenance or support to you or your product.

The Licensed Marks are provided to you on an “AS IS” basis, Grey Ghost makes no warranties whatsoever regarding the Licensed Marks, such as noninfringement. In no event will Grey Ghost be liable for any special, incidental, or consequential damages resulting from the use or distribution of the Licensed Marks.

THE ELECRONIC FILES FOR THE LICENSED MARKS ARE MADE AVAILABLE ON AN “AS IS” BASIS. GREY GHOST DOES NOT MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT THEY ARE FREE FROM ERROR, OR AS TO THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

11. Changes to Terms of the License:
Grey Ghost may from time to time issue updates or revisions to this License.  If you are a registered Fudge publisher we will use reasonable efforts to notify you of any such update or revision. Otherwise, posting of the update or revision on the Grey Ghost website will constitute sufficient notice to you. You will, at the earliest possible opportunity, conform in all respects to the updated or revised terms of this License. You may continue to distribute any pre-existing material that complies with a previous version of the License, but may not produce additional copies of that pre-existing material. Subsequent versions of this License will bear a different version number.

12. Miscellaneous:
This License shall be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts, and the state and federal courts located in Massachusetts will have jurisdiction over you and Grey Ghost in any proceeding relating to this License. If any provision of this license is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this license will remain in full force and effect. This license and the Guidelines constitute the entire agreement between you and Grey Ghost concerning the Licensed Marks. Any waiver or amendment of any part of this license or the Guidelines is effective only if in writing and signed by an authorized representative of both you and Grey Ghost.

If you agree to the terms of this License, you may download the Licensed Mark files from the fudgerpg.com website and/or proceed to use the Licensed Marks in your Fudge-related materials, provided you use them in accordance with the terms of the Guidelines. Downloading or commencement of use will be deemed to be acceptance of all of the terms of the FSTL.

Ann Dupuis
President, Grey Ghost Press, Inc.
email


[1] The OGL provides that licensees will not use any Product Identity, including as an indication as to compatibility, except as expressly licensed, and that the owner of any Product Identity used in or on game content – in this case, Grey Ghost Press, Inc. – shall retain all rights, title and interest in and to that Product Identity.

Fudge Logo Usage Guidelines


Requirements for using the Fudge Logo:


These requirements apply for any material published, commercially or not, in electronic media or paper or book format or other format, that uses the Licensed Marks (as defined in the Fudge System Trademark License (FSTL), each of which is sometimes referred to below as a “logo.”

The primary requirements are: You must include the “About Fudge” paragraph and the proper copyright notices, and you need to make sure you’re using the trademarks correctly.

The “About Fudge” Paragraph (including Copyright Notice)

If you are using any of the Licensed Marks with any material you create or publish, you must include the following “About Fudge” paragraph:

“About Fudge: Fudge is a roleplaying game written by Steffan O’Sullivan, with extensive input from the Usenet community of rec.games.design and other online forums. The core rules of Fudge are available free on the Internet at http://www.fudgerpg.com and other sites. Fudge was designed to be customized, and may be used with any gaming genre. Fudge gamemasters and game designers are encouraged to modify Fudge to suit their needs, and to share their modifications and additions with the Fudge community. The Fudge game system is copyrighted ©2000, 2005 by Grey Ghost Press, Inc., and is available for use under the Open Game License. See the fudgerpg.com website for more information.”

If you are using any of the Licensed Marks in any advertising or promotional materials, you must include the following, abridged paragraph:

“About Fudge: The Fudge game system is copyrighted ©2000, 2005 by Grey Ghost Press, Inc. and is available for use under the Open Game License. See the fudgerpg.com website for more information.”

Trademark Notices

In addition to the About Fudge paragraph, the following notice must appear on or in any product using the Licensed Marks:

“The Fudge [or Fudge System] logo is a trademark of Grey Ghost Press, Inc., and is used under license. Logo design by Daniel M. Davis, www.agyris.net.”

These notices may be included in Section 15 of the Open Game License (also required to be published with any material published under the FSTL) and/or presented elsewhere. However, they must also be readily visible and located in a reasonable section on your product itself (on the copyrights or credits page, for example). For material published as web pages, the “About Fudge” paragraph and trademark notices may be on a separate web page, but there must be a clearly visible and labeled link (“About Fudge and Trademark Notices”) from the page containing the material to the page containing the required paragraph and notices.

Proper Use of Trademarks

Trademarks incorporated into text should always be used as an adjective, never as a noun. Proper use would thus be:

“This book uses the [Logo]™ rules.”

You must include the “TM” symbol immediately after the trademark in superscript or subscript form. The trademark symbol must appear in the first use of the logo in the body of text, although it is not necessary to include the TM symbol in subsequent appearances of the trademark within that text.

Typography, Design, and Color

 

You may not alter the typography, design, or color of the Licensed Marks in any way except as specified below.

Color Versus Greyscale

The Licensed Marks are available in two versions: a color version (black on white with spot colors gray and red) and a greyscale version. The former is useful for websites, color covers or color interior pages on books, and other presentations of your material that can use colors. The latter is useful for material printed with black ink (whether that’s a book or a printout from a downloaded file or other media).

You are responsible for choosing the correct version of the logo for your specific material. You will not be held responsible for any printouts or other manufacturing of your material that is not under your control. (For example, you’re not responsible for the color of the ink used by someone else in printing out a downloaded copy of your material.)

Minimum Size and Resolution

The Licensed Marks must be reproduced at a minimum size of one-half inch in width by four-tenths of an inch in height.

If using the Licensed Marks as a graphic on a website, the minimum dimensions in pixels is 36 (width) by 29 (height).

If using the Licensed Marks in print media (including electronic files designed to be downloaded and printed), the logo must be reproduced at high enough resolution to be legible and without “jaggies” – in other words, make it look good. We suggest a resolution of 200-300 dpi (dots per inch).

Dimensions and Distortions

You may not distort the logo in any way, by stretching it more in one direction than another or skewing it or applying to it any graphical textures or effects. You may not overprint any part of the logo with another graphic or with additional text. Nor may you overprint the logo onto a distracting or confusing background. All parts of the logo must remain visible, clear, and legible.

Minimum Clear Space and Placement

You must allow enough clear space around all sides of the logo to ensure its clarity. If reproducing the logo at a small size, leave a minimum of ¼ inch of clear space around all sides of the logo. The larger the logo, the more clear space you should allow. The logo should be prominent but not overwhelm the design of the web page, book cover, advertisement, or other presentation of your materials.

Advertising and Marketing

You may use the logo in advertising and marketing, provided you include the text “The [Fudge/ Fudge System] logo is a trademark of Grey Ghost Press, Inc., and is used under license.” in a legible font in the advertisement or marketing material.

Other restrictions:

You may not use a Licensed Mark or any part of a Licensed Mark as a decorative illustration or graphic element or as a basis for a logo of your own design. You may not place a Licensed Mark in such close proximity to any other trademark as to make it appear that the two are related or that they are a composite mark. You agree not to indicate compatibility or co-adaptability with any third-party trademark in conjunction with a work pertaining to Fudge except as expressly licensed by Grey Ghost.

Questions? Contact Ann Dupuis of Grey Ghost Games.


 

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