detailed distribution license for player software and content

when producing content with storyline i need to transfer the produced content to my customer, so i need the right to do this.
i can more or less deduce this from the eula (2.2) in that i may "distribute renderings of the Content".

but it is not only about content, the customer also gets the storyline player software (javascript & html).
so i also need the right to redistribute the player software somehow.

i obviously also need the right to transfer this right itself to the customer, as the customer will himself re-distribute the content in his learning management system or maybe even on his website.

so what i need is a detailed enough and the purpose fitting license agreement
that enables me to transfer content and player software as well as transfer some limited redestribution rights to my customer.

i assume there must be a document somewhere, but i cant find it.
could you please give me a pointer ?

3 Replies
Ashley Terwilliger

Hi Seventy one,

Our End User License Agreement (EULA) is linked and the Terms of Service is available here. 

Will your customer be publishing the Storyline software on their own, or you'll be providing them with the published output? If they'll be publishing, they will need their own license of the Storyline software. Otherwise, everything is contained in the published output and they can upload to their LMS. 

Seventy One

thank you for the links.

i think my scenario is the most normal one: i am producing content with storyline
and i am selling the scorm output to my customers.

now the eula says:
2.2 Content. ... Licensor grants Licensee a nonexclusive, nontransferable, nonsublicensable right and license ... to distribute renderings of the Content.
and that is all i can find about the generated html/javascript output.

the first problem is the "nontransferable": this means my customer may not re-distribute or re-sell the content in his lms to his clients.
the second problem is "distribute": this only means duplicate, but does not include "install" and "execute", so the customer may save a copy, but may not use it.
the third one is: "renderings" is not very specific if it comes to legal terms; does it really mean the generated html/javascript or could it maybe just mean screenshots ?

i am totally sure it is not the intention of the eula, to be uselessly restrictive.
but my customer/s requested a legally binding statement from me - and so i need one from articulate.
and as far as i understand it, this eula does not grant enough rights for even such a basic scenario as using content in an lms of a customer.

what i need is a "nonexclusive, _transferable_ and _sublicensable_" right to "distribute" and "install" and "execute" the html/javascript/media output.
and i believe almost everyone else needs this, too.

so what is it that i am missing ?

 

Justin Grenier

Hello, Seventy One!

Thanks for letting us know where our communication is unclear.  We'll take a look at improving the language in our EULA.

In the interim, you (and all of our customers) are absolutely permitted to deliver your published output (including our player) to your customer, who may then use the content and re-sell the content to his clients.  "Renderings" does refer to the published output, as stated in 2.2.

If you have other specific EULA questions, please feel free to reach out to our team directly at sales@articulate.com.  Thanks!