Legal and Licensing #

Summary/Layman’s Terms #

The mechanics of 36th Way are fully Open Game Content (OGC). This means that you can make settings, adventures, your own game, etc. based off of them. Just make sure that you follow the OGL’s restrictions on what you’re required to put in your product and be sure to protect what you don’t want to be Open Game Content with Product Identity if you so choose.

The actual things declared as Product Identity (PI) in this document are fairly limited, given it’s primarily a mechanical SRD. It mostly covers material used as examples: sample characters, sample builds, sample icons, etc. This is mostly so that things derived from it can reasonably be assumed not to be OGC (so if people want to make settings, adventures, etc with it they can decide what to make OGC vs PI on a case-by-case basis for their product without having that precedent set).

If there’s something you want to make based on something that seems like it’s covered under Product Identity (like making an adventure based on a setting or icon I made, etc) and you’re not sure if you can, please feel free to contact me at binary.star.games@gmail.com. I’ll probably be fairly permissive about it!

Be sure to read my Final Note in the following section.

Non-OGL Material #

Compatibility #

If you’re releasing something that declares compatibility, you must put the following disclaimer somewhere in your work:

This (type of content) was produced by (publisher/developer name), who is not affiliated with Binary Star Games.

Final Note #

If you’re a bigot - racist, sexist, transphobe, etc. - or a big corporation, you don’t have my blessing to make content or games based on 36th Way, or any of my games for that matter.

OGL Material #

Product Identity #

The following items are hereby identified as Product Identity, as defined in the Open Game License 1.0a, Section 1(e), and are not Open Content: Proper names (of characters, icons, etc.), dialogue, plots, storylines, locations, artwork, characters. (Elements that have previously been designated as Open Game Content are not included in this declaration.)

Open Game Content #

Except for material designated as Product Identity (see above), the game mechanics described in this Binary Star Games System Resource Document are Open Game Content, as defined in the Open Game License version 1.0a Section 1(d). No portion of this work other than the material designated as Open Game Content may be reproduced in any form without written permission.

Open Game License #

OPEN GAME LICENSE Version 1.0a

Definitions: (a)“Contributors” means the copyright and/or trademark owners who have contributed Open Game Content; (b)“Derivative Material” means copyrighted material including derivative works and translations (including into other computer languages), potation, modification, correction, addition, extension, upgrade, improvement, compilation, abridgment or other form in which an existing work may be recast, transformed or adapted; (c) “Distribute” means to reproduce, license, rent, lease, sell, broadcast, publicly display, transmit or otherwise distribute; (d)“Open Game Content” means the game mechanic and includes the methods, procedures, processes and routines to the extent such content does not embody the Product Identity and is an enhancement over the prior art and any additional content clearly identified as Open Game Content by the Contributor, and means any work covered by this License, including translations and derivative works under copyright law, but specifically excludes Product Identity. (e) “Product Identity” means product and product line names, logos and identifying marks including trade dress; artifacts; creatures characters; stories, storylines, plots, thematic elements, dialogue, incidents, language, artwork, symbols, designs, depictions, likenesses, formats, poses, concepts, themes and graphic, photographic and other visual or audio representations; names and descriptions of characters, spells, enchantments, personalities, teams, personas, likenesses and special abilities; places, locations, environments, creatures, equipment, magical or supernatural abilities or effects, logos, symbols, or graphic designs; and any other trademark or registered trademark clearly identified as Product identity by the owner of the Product Identity, and which specifically excludes the Open Game Content; (f) “Trademark” means the logos, names, mark, sign, motto, designs that are used by a Contributor to identify itself or its products or the associated products contributed to the Open Game License by the Contributor (g) “Use”, “Used” or “Using” means to use, Distribute, copy, edit, format, modify, translate and otherwise create Derivative Material of Open Game Content. (h) “You” or “Your” means the licensee in terms of this agreement.
The License: This License applies to any Open Game Content that contains a notice indicating that the Open Game Content may only be Used under and in terms of this License. You must affix such a notice to any Open Game Content that you Use. 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.
Offer and Acceptance: By Using the Open Game Content You indicate Your acceptance of the terms of this License.
Grant and Consideration: In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.
Representation of Authority to Contribute: 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.
Notice of License Copyright: You must update the COPYRIGHT NOTICE portion of this License to include the exact text of the COPYRIGHT NOTICE of any Open Game Content You are copying, modifying or distributing, and 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.
Use of Product Identity: You agree not to Use any Product Identity, including as an indication as to compatibility, except as expressly licensed in another, independent Agreement with the owner of each element of that Product Identity. You agree not to indicate compatibility or co-adaptability with any Trademark or Registered Trademark in conjunction with a work containing Open Game Content except as expressly licensed in another, independent Agreement with the owner of such Trademark or Registered Trademark. The use of any Product Identity in Open Game Content does not constitute a challenge to the ownership of that Product Identity. The owner of any Product Identity used in Open Game Content shall retain all rights, title and interest in and to that Product Identity.
Identification: If you distribute Open Game Content You must clearly indicate which portions of the work that you are distributing are Open Game Content.
Updating the License: Wizards 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.
Copy of this License: You MUST include a copy of this License with every copy of the Open Game Content You Distribute.
Use of Contributor Credits: You may not market or advertise the Open Game Content using the name of any Contributor unless You have written permission from the Contributor to do so.
Inability to Comply: 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.
Termination: 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.
Reformation: 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.
COPYRIGHT NOTICE

13th Age Bestiary. Copyright 2014, Fire Opal Media and Pelgrane Press Ltd; Authors: Ryven Cedyrlle, Rob Heinsoo, Kenneth Hite, Kevin Kulp, ASH LAW, Cal Moore, Steve Townshend, Rob Watkins, Rob Wieland.

13th Age Archmage Engine. Copyright 2013-2015, Fire Opal Media. Author: Chad Dylan Long, based on material by Jonathan Tweet, Rob Heinsoo, Ryven Cedyrlle, Kenneth Hite, Kevin Kulp, ASH LAW, Cal Moore, Steve Townshend, Rob Watkins, and Rob Wieland.

System Reference Document 5.1 Copyright 2016, Wizards of the Coast, Inc.; Authors Mike Mearls, Jeremy Crawford, Chris Perkins, Rodney Thompson, Peter Lee, James Wyatt, Robert J. Schwalb, Bruce R. Cordell, Chris Sims, and Steve Townshend, based on original material by E. Gary Gygax and Dave Arneson.