Question about the Game Upload agreement.

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So about section 2.

2. License. Developer hereby grants to Kongregate a worldwide, non-exclusive, sublicensable right and license to (i) use, reproduce, distribute, display, publicly perform, deliver, market, and promote, Developer Materials through the Kongregate Platform,

What do you mean about sublicensable right? Does that mean I give Kongregate the right to put my game on various other game sites w/o my knowledge? or that Kongregate can create a Best of Kongregate CD with my game on it?

I tend to do unusual things like research things before doing them. I just want to know what I am going to get myself into.

 
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This clause was written pretty broadly, and technically might give us the right to do what you’re talking about. We have absolutely no intention of doing either of those. What it’s mainly covering for us is the use of of icons and images of your game on Kongregate’s Facebook application, and potentially similar applications on other social networks.

We think developers should have the right to say where their game gets played, so if we ever have playable versions of game (say on Facebook) we would add it as something the developer could opt in or out of.

I’d like to change the language on the uploader’s agreement to make that a little clearer (you’re not the first to ask) but haven’t gotten around to it yet with so much going on.

Let me know if you have any more questions.

 
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Thanks for the clarification Emily. ;-]

 
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Hi Emily,

We’re actually similarly concerned about Section 2, specifically as it relates to sublicensing and derivative works. Any chance you can update the language in your agreement soon? We’d like to get Pillage the Village up on Kongregate in December.