Fudge - Trademark License v1.1
Fudge - Trademark License v1.1
Fudge - Trademark License v1.1
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://www.fudgerpg.com/publishers, 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://www.fudgerpg.com/publishers. 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.
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://www.fudgerpg.com/publishers. 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.
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 – shall retain all rights, title and interest in and to that Product Identity.
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.
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:
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.
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.
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.
ghostgames@fudgerpg.com
REGISTERING AS A FUDGE PUBLISHER
You are encouraged to complete the registration information requested below and submit it to Grey Ghost as
follows:
Requested Information:
Licensee (Company Name):
Represented by:
Postal Address (including city, state/province, zip or postal code, country):
Phone:
Fax:
Email (required):
Website:
Means of Submission:
Email -- licenses@fudgerpg.com
Registering as a Fudge Publisher grants you an invitation to the Fudge Publishers Email List and other privileges.
Registration also protects you in the event that you are found in violation of the terms of this License, as you will be
granted 30 days to cure any breach.
If you would like to be listed as a Fudge Publisher on http://www.fudgerpg.com, please include a brief description of
yourself, your company, and/or the Fudge products you will be publishing (or have published). This description will
be posted with your company’s name and a link to your website (if any).
Ann Dupuis
President, Grey Ghost Press, Inc.
ghostgames@fudgerpg.com
Fudge Logo Usage Guidelines
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.
“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.
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.
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.)
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).
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.