EULA Question/Clarification

I have been promoting this engine, as i feel it has great potential, but its met with great concern of the EULA…

https://forum.unity.com/threads/new-competition.1049945

Help me out guys…lol

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Thanks for spreading good words about Flax! Indeed, they went very deeply into Eula itself without looking deeper into the engine itself :smiley:

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Xd lot of stuff they complain is also present in unitys eula and they are ok xd like class action lawsuit waiwing(which iam not sure is a thing that can be waived).
But one thing @mafiesto4 could reconsider is the destryoing of all copies and disttibution. This is perfectly ok for editor. But already released stuff should have exception to be able to still sell becauye even after termination the revenue share is still kept so there can’t be any losses
Other thing that might be interesting is protecting against flax engine to be bought by for example unity to remove competition by releasing 2 year old source code under gnu gpl license. This could also put mlre faith into contributors and also solve th edge case that flax might not be there in few momths/years

Hello. I am considering Flax engine to use for developing a videogame and I have a question about your license terms in section 11, “Governing Law and Jurisdiction”. Specifically, the license states these terms:
“You agree… any dispute will be resolved in accordance with the laws of Poland.”
Poland has many laws that are unique to Polish culture, and are not compatible with the rest of the world. For example, Poland’s blasphemy law (penal code article 196), which criminalizes “Whoever offends the religious feelings of other persons by outraging in public an object of religious worship or a place dedicated to the public celebration of religious rites”.
As long as such laws exist in Poland, the terms of your license, as it is presently worded, make this engine a big gamble anywhere outside of Poland. Would you please provide the following clarifications?
Do you officially support or protest censorship, or laws such as the one I described above?
What is your official position on artistic freedom, freedom of speech, and freedom of creative expression?
Would you ever raise any dispute with a licensee for any reason pertaining to those things, such as, for example, a violation of penal code 196 or any similar law?
If you would commit to supporting the creative/artistic/expressive freedom of your licensees, and to not raise disputes related to culture-specific things like blasphemy, irreverence, etc., would you add a statement describing that commitment to your license?

I think you’re taking this too far. Section 11 simply ensures Flax’s client that we will use Polish courts and Polish+EU laws to resolve any contract violation. For example, if the developer accepts the EULA, releases the game but won’t pay a proper revenue share, or will violate our intellectual property, then we will file a lawsuit in Poland - as we’re a registered company in Poland.

FYI: Epic Games has very similar conditions in Unreal Engine EULA but they’re registered in USA and use that law.

Do you officially support or protest censorship, or laws such as the one I described above?

Of course not, we’re open to freedom of creation. Are you really considering offending religious worship?

Would you ever raise any dispute with a licensee for any reason pertaining to those things, such as, for example, a violation of penal code 196 or any similar law?

No. We’re not prosecutors but Game Engine developers :smiley: The only relevant violation would be directly related to our EULA (eg. the client not paying rev-share or breaking our trademark/patent).

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Thank you for your answer. I really wish your response would have been one that eased my concerns, but instead I am now more alarmed.

If there is any plan to proliferate the popularity of Flax engine on the world stage in the future, you will have to decide to take this seriously.

I don’t think you understand that EULA section properly, and what purpose it serves. That section basically ensures the end-user who accepts the license terms that if there will be any license dispute or violation it will be resolved under the laws of the licensor location.

Most EULA licenses have something written about applicable laws related to the licensor company location - for example, Unity uses laws in the State of California, Unreal uses North Carolina, and Flax uses Poland - regarding the original location of the organization that provides the license to the end-user. That’s totally normal and shouldn’t bring any concerns you’re talking about.

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