Fan Translation Agreement
Terms and Conditions for Submission
In order for Orthogonal Games to release the unofficial fan translation files for Near Death, you agree to submit to the following terms and conditions (herein “Agreement”):
By submitting your localized file, you represent and warrant that your translation is a true and accurate translation of Near Death (herein the “Game”) and that your translation is an original translation that does not infringe on the intellectual property rights of any third party.
- What This Means: Please do not submit translations that you’ve taken from other people. Also, don’t submit shoddy or intentionally incorrect translations (like using “merde” — French for “s**t” — as a translation of “light”).
You hereby assign all rights, title, and interest, including without limitation all intellectual property and proprietary rights, in and to your contribution to Orthogonal Games, LLC and its successors and assigns (herein “Orthogonal Games”).
- What This Means: We can’t release the translated localization file unless we own the rights to that translation. By submitting your translation, you are handing over your rights to the translation, which is essentially a derivative work of our game.
To the extent that any rights in and to the translation are not assignable, you hereby waive any existing and future claims in and to that translation, including without limitation droit morale or similar author’s rights, whether under U.S. or foreign law, to the extent that they are waivable.
- What This Means: In some countries (such as France) there are “author’s rights” that can’t be assigned. If you are from one of those countries where such laws exist, you are agreeing that you won’t exert those rights in order to have your translation included in the game.
To the extent that any translation is a collaborative effort between multiple parties, your submission constitutes an assignment and waiver by all of the parties to that contribution. You represent that each party has read and acceded to the terms and conditions of this Agreement and that each party fully understands the terms and conditions of this Agreement.
- What This Means: If this is a group effort, please make sure everyone who contributed to the collaboration reads these terms and understands that they are assigning and waiving any rights or future claims they may want to make.
We are not obligated to release any translated localization file submitted to us. Submitting your translated file will not guarantee its use or release by Orthogonal Games. Each submission will be carefully reviewed, and the release of that translation will be determined at Orthogonal Games’ sole discretion.
- What This Means: We sincerely appreciate your contribution, but we can’t promise that we’ll release it. Everything released by Orthogonal Games undergoes extensive quality checking. If for any reason your translation doesn’t pass muster, we will have to shelve it. Please don’t let this discourage you from submitting! This should serve as encouragement to give us the highest quality translation you can produce.
You represent that you are 18 years of age or older and have the capacity to agree to the terms set forth herein.
- What This Means: We can’t use your translation if you’re a minor. Minors can’t be legally bound to contracts in the same manner as adults in most circumstances, so it’s a risk we can’t afford to take.
As consideration for your translation, we will credit each contributor to that translation in the credits of the game. To that end, please provide us with the name or handle of each contributor to be credited for the translation.
- What This Means: You’re going to get credit for the work you’ve done. If you don’t want to use your real name, give us the name you want us to use. If there are multiple contributors, give us all of the names or handles so all of you can share in the glory.
You agree to follow this Agreement’s dispute resolution policy as set forth below in connection with any potential claims or disputes arising from your submission of your translated localization file:
* Informal Negotiations. Parties to a dispute concerning this Agreement will attempt to informally negotiate a potential settlement or resolution to the dispute;
* Online Arbitration. In the event that informal negotiations are unsuccessful, the parties agree to follow the American Arbitration Association’s online arbitration procedures to resolve the dispute.
* Binding Arbitration. If for any reason online arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the City and County of San Francisco, California.
- What This Means: Arbitration is cheaper and easier than litigation. If there’s a dispute, we want to resolve it in the cheapest and most efficient way possible-this benefits both you, the translator, and us. If you have a problem with our use of your translation, we welcome your feedback. If the matter is significant enough, mediation and arbitration are our first steps in resolving that matter. Additionally, if you’ve violated the terms and conditions of this agreement, arbitration will be our first step to resolution of that matter.
Jurisdiction and Choice of Law. The validity, interpretation, and performance of this Agreement are governed and controlled by the laws and regulations of the state of California. In the event of a dispute you agree to submit to the personal and exclusive jurisdiction of the State and Federal Courts of the City and County of San Francisco, California.
- What This Means: If there is a dispute, that dispute will be resolved in California. You’re agreeing that your sole means of remedy is placed in the hands of the California courts; additionally, you’re agreeing that California not only governs this document but governs your actions in connection with this Agreement.
Severability. If any portion of this Agreement is found invalid by any competent Court of Law, the invalidity will not affect other provisions or applications of the remainder of this Agreement which can be given effect without the invalid portion.
- What This Means: If a court determines that any part of this Agreement isn’t legal or enforceable, the rest of the Agreement that is legal and enforceable remains in force. The entirety and enforceability of this assignment doesn’t hinge on the enforceability of any one particular provision.
Notification of Changes to this Agreement. We may from time to time change this Agreement. You agree that notification to you of these changes will be effective upon posting those notifications and changes on the Near Death web site.
- What This Means: This Agreement may change at any time. When it does, we will notify you our web site.
Prior Versions. This Agreement constitutes the full understanding of your agreement with us. Any prior versions of this document have no effect on this Agreement.
- What This Means: Only this version of the Agreement is binding. Prior versions are no longer enforceable.
Assignment. This Agreement may be assigned by Orthogonal Games to any third party at our sole discretion by acquisition of the Game assets or company, or by merger.
- What This Means: Studios or their game properties get bought out from time to time. If that happens, this Agreement will still be enforceable by the third party who assumes ownership over us or the Game.
Legal Fees. In the event that either party is required to obtain the assistance of an attorney in order to enforce the terms of this Agreement, the Party prevailing in such an enforcement action will be entitled to recovery of all reasonable attorney’s fees in connection with such action.
- What This Means: Attorneys aren’t cheap. If you violate this Agreement, in addition to other damages, you may be liable for our attorney fees.
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