tain.totalcodex.net

While trying to help DarthRevan find a PC version of the Myth 3 Editor Ballistic, I realized that NO ONE has it and it's NO WHERE to be found.

So please, if you have a copy of it, please say so, so we can get it uploaded to uDogs.

After reading the 2.5 pages of the 5 page readme that are devoted to the EULA/Copyright I don't think legally it could be posted on udogs.

vinylrake wrote:After reading the 2.5 pages of the 5 page readme that are devoted to the EULA/Copyright I don't think legally it could be posted on udogs.

What does it say?

EULA - SOFTWARE PRODUCT LICENSE

This FLYINGFLIP End-User License Agreement ("EULA") is a legal agreement
between you ("you") and FLYINGFLIP for Ballistic v1.0. By installing, copying, or otherwise using Ballistic v1.0, you agree to be bound by the terms of this EULA. Ballistic v1.0 is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Ballistic v1.0 is licensed, not sold, and ALL SOFTWARE IS PROVIDED "AS IS."

1. GRANT OF LICENSE: This EULA grants you the following rights:

· Installation and Use: You may install and use an unlimited number of copies of Ballistic v1.0. Any copies of Ballistic v1.0 which this License authorizes you to make are subject to this EULA.

· Reproduction and Distribution: You may not reproduce and distribute copies of Ballistic v1.0 without the express written concent of FLYINGFLIP.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
· Support Services: FLYINGFLIP will not provide you with support services
("Support Services") related to Ballistic v1.0. · Termination: Without prejudice to any other rights of FLYINGFLIP 's your rights under this EULA will terminate automatically without notice from FLYINGFLIP if you fail to comply with any term(s) of this EULA. In such event you must destroy all copies of Ballistic v1.0 and any related materials.

3. COPYRIGHT: All right, title and interest in and to Ballistic v1.0 (including the copyrights in Ballistic v1.0 and including, but not limited to, any images,
photographs, animations, video, audio, music, and text incorporated into Ballistic v1.0), the accompanying printed materials (if any), and any copies of Ballistic v1.0 are owned by FLYINGFLIP. Ballistic v1.0 is protected by copyright laws and international treaty provisions. Except as permitted by applicable law and this License, you may not modify, rent, lease, loan, sublicense, or create derivative works from Ballistic v1.0 without express written consent of FLYINGFLIP.

4. Disclaimer of Warranty on Software. You expressly acknowledge and agree that use of Ballistic v1.0 is at your sole risk. Ballistic v1.0 is provided "AS IS" and without warranty of any kind and FLYINGFLIP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLYINGFLIP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Ballistic v1.0 WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF Ballistic v1.0 WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN Ballistic v1.0 WILL BE CORRECTED. FURTHERMORE, FLYINGFLIP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF Ballistic v1.0 OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLYINGFLIP OR AN AUTHORIZED REPRESENTATIVE OF FLYINGFLIP'S SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD Ballistic v1.0 PROVE DEFECTIVE, YOU (AND NOT FLYINGFLIP OR AN AUTHORIZED REPRESENTATIVE OF FLYINGFLIP'S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF Ballistic v1.0 REMAINS WITH YOU.

5. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING
NEGLIGENCE, SHALL FLYINGFLIP OR ITS SUPPLIERS BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS LICENSE, EVEN IF FLYINGFLIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF Ballistic v1.0 REMAINS WITH YOU.

6. Fault Tolerance. Ballistic v1.0 is not fault tolerant and is not designed,
manufactured, or intended for use as on-line control equipment in hazardous environments requiring fail-safe performance, such as the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Ballistic v1.0 could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). FLYINGFLIP specifically disclaims any express or implied warranty of fitness for High Risk Activities.

7. MISCELLANEOUS: If for any reason a court of competent jurisdiction finds any provision, or portion of this EULA, to be unenforceable, the remainder of this EULA shall continue in full force and effect. This EULA constitutes the entire agreement between the parties with respect to the use of Ballistic v1.0 and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this EULA will be binding unless in writing and signed by FLYINGFLIP.

8. Products created with this tool may not be sold or included within any shipping or published product which may include CD’s, DVD’s, or paid membership web sites without written approval from FlyingFlip Studios representatives.

vinylrake wrote:3. COPYRIGHT: All right, title and interest in and to Ballistic v1.0 (including the copyrights in Ballistic v1.0 and including, but not limited to, any images,
photographs, animations, video, audio, music, and text incorporated into Ballistic v1.0), the accompanying printed materials (if any), and any copies of Ballistic v1.0 are owned by FLYINGFLIP.

Wasn't Ballistic based on Vengeance? If so, the above paragraph is a nonsense & the whole Eula can be ignored imho.

that was one of several things I found amusing. earlier in the readme in the credits they list 2 programmers (Andrew Meggs and another person I forget) for "Initial Programming" - e.g. They took an existing unfinished program, cleaned it up, added new grafix and mb new features and gave it a new name and claim exclusive copyright over the software.

I think it's clause 8 in the EULA that I also found amusing - they claim you can't SELL anything you've made with Ballistic unless you get their permission first. Right, I am sure digital artists contact Adobe to get permission before they sell stuff they've created or edited in Photoshop.

vinylrake, don't be dumb. There's nowhere to download it anymore. I've checked everywhere and you simply can't download it anymore. Plus FlyingFlip doesn't exist and Blade's site doesn't have it available for download.

So I will assume you have a copy of it then?

No. I still haven't found a single person who has the PC version of it.

GodzFire wrote:No. I still haven't found a single person who has the PC version of it.

I was talking to VR.

Oh, and one last thing - who/what exactly is FlyingFlip? Is it a registered company or organisation of some type? If not, perhaps its (like Magma) a groups of volunteers who created a website & gave themselves a name?

If the latter, does FF even exist as an entity in legal terms? Oh, and if it _is_ the latter then please let it be known that I have just joined FlyingFlip & I hereby give permission for everyone to distribute Ballistic as they see fit (if any FFers disagree with me then its their word against mine).

The above is all tongue in cheek obviously, I just wanted to point out the ridiculous nature of it all. Its an editing tool for a basically extinct game (it was dead when Ballistic was released), so lets not get hung up over scary mumbo jumbo words in some useless forgotten EULA.

iron wrote:so lets not get hung up over scary mumbo jumbo words in some useless forgotten EULA.

Curious, but was that an intentional play on words or did it just come out that way... since originally for Vengeance, im sure Mumbo Jumbo did write the words. lol.

Aside from this point, I fully agree with you. Clem and Blades don't scare me or you obviously, they shouldn't scare anyone else either. Probably wrote that up to inflate their large egos and compensate for their small dicks.

Even if common sense and the law is on my side in terms of distributing abandonware without permission of the original copyright holders, I am not going to make something available for public download that has such a strict EULA restriction against doing so.

This is a moot point because DarthRevan is the only person who is looking (via proxy) for this, and I heard through the grapevine that he now has a copy.

What kind of ass writes that crap for a tool that's supposed to help and encourage a community of content-creators?

I'd say the whole thing's null and void anyway; they may have got permission to create new versions of Vengeance from the original source-code, but I sincerely doubt they were given full-rights to the thing, heck, Vengeance is partly Loathing-code anyway isn't it? If any of the original creators gave a crap about Vengeance anymore then I think FlyingFlip would be more likely the ones in legal muddy-waters.

I think only some rag-tag assortment of random incorporeal essences have any legal claim over it now.

Does anyone know what features Ballistic has/had that Vengeance didn't?

If those aren't important to you, you can just use the update Vengeance. If those are, perhaps someone can add them to Vengeance, since Vengeance is open source (the updated code is on The Tain).