Legal Stuff
431
Appendix 10: Legal
transmit or otherwise distribute; (d)”Open Game Content”
means the game mechanic and includes the methods, procedures,
processes and routines to the extent such content does
not embody the Product Identity and is an enhancement over
the prior art and any additional content clearly identified as
Open Game Content by the Contributor, and means any work
covered by this License, including translations and derivative
works under copyright law, but specifically excludes Product
Identity. (e) “Product Identity” means product and product
line names, logos and identifying marks including trade
dress; artifacts; creatures characters; stories, storylines, plots,
thematic elements, dialogue, incidents, language, artwork,
symbols, designs, depictions, likenesses, formats, poses, concepts,
themes and graphic, photographic and other visual or
audio representations; names and descriptions of characters,
spells, enchantments, personalities, teams, personas, likenesses
and special abilities; places, locations, environments,
creatures, equipment, magical or supernatural abilities or effects,
logos, symbols, or graphic designs; and any other trademark
or registered trademark clearly identified as Product
identity by the owner of the Product Identity, and which specifically
excludes the Open Game Content; (f) “Trademark”
means the logos, names, mark, sign, motto, designs that are
used by a Contributor to identify itself or its products or the
associated products contributed to the Open Game License by
the Contributor (g) “Use”, “Used” or “Using” means to use,
Distribute, copy, edit, format, modify, translate and otherwise
create Derivative Material of Open Game Content. (h) “You”
or “Your” means the licensee in terms of this agreement.
2. The License: This License applies to any Open Game
Content that contains a notice indicating that the Open Game
Content may only be Used under and in terms of this License.
You must affix such a notice to any Open Game Content that
you Use. No terms may be added to or subtracted from this
License except as described by the License itself. No other
terms or conditions may be applied to any Open Game Content
distributed using this License.
3.Offer and Acceptance: By Using the Open Game Content
You indicate Your acceptance of the terms of this License.
4. Grant and Consideration: In consideration for agreeing
to use this License, the Contributors grant You a perpetual,
worldwide, royaltyfree, non-exclusive license with the exact
terms of this License to Use, the Open Game Content.
5.Representation of Authority to Contribute: If You are contributing
original material as Open Game Content, You represent
that Your Contributions are Your original creation and/
or You have sufficient rights to grant the rights conveyed by
this License.
6.Notice of License Copyright: You must update the COPYRIGHT
NOTICE portion of this License to include the exact
text of the COPYRIGHT NOTICE of any Open Game
Content You are copying, modifying or distributing, and You
must add the title, the copyright date, and the copyright holder’s
name to the COPYRIGHT NOTICE of any original Open
Game Content you Distribute.
7. Use of Product Identity: You agree not to Use any Prod-
This printing of the Outcastia Campaign Sourcebook 5th Edition
(Book II: Player’s Guidebook) is done under version 1.0a
of the of the Open Game License, below, and version 5.0/6.0
of the d20 System Trademark License and the d20 System
Trademark Logo Guide. Some of the Open Game Content
used herein comes from the System Reference Document by
permission from Wizards of the Coast.
Notice of Open Game Content: This product contains Open
Game Content, as defi ned in the Open Game License, below.
Open Game Content may only be used under and in terms of
the Open Game
License.
Designation of Open Game Content: All text containing
game-related content within this product is hereby designated
as Open Game Content, subject to the Product Identity designation
below. Any questions regarding the Open Game Content
within this module should be directed to Nitehawk Jarrett
at publisher@nitehawk-games.biz.
Designation of Product Identity: The following items are
hereby designated as Product identity as provided in section
1(e) of the Open Game License:
1. The name “Nitehawk Interactive Games” as well as all logos
and identifying marks of Nitehawk Interactive Games,
including but not limited to the Creatures & Chaos logo and
the phrase “Great RPG games at Great prices” as well as the
trade dress of Nitehawk Interactive Games products;
2. The Nitehawk Interactive Games product names and logos
“Outcastia Campaign Sourcebook 5th Edition”;
3. All artwork, illustration, and graphic design, including
any text contained within such artwork, illustration, maps, or
graphic design;
4. The proper names, personality, descriptions and motivations
of all characters, groups, deities or places unique to any
supplement or originating in the Nitehawk Interactive Games
product Outcastia, but not their stat blocks (if any);
5. Any other content previously designated as Product Identity
contained herein, including any content from Nitehawk
Interactive products that was previously designated as Product
Identity is hereby designated as Product Identity and is
used with permission and/or pursuant to license. Refer to that
product for any Product Identity designation; said designation
in that book is hereby incorporated by this reference as if
fully set forth herein.
OPEN GAME LICENSE Version 1.0a
The following text is the property of Wizards of the Coast,
Inc. and is Copyright 2000 Wizards of the Coast, Inc (“Wizards”).
All Rights Reserved.
1. Definitions: (a)”Contributors” means the copyright and/or
trademark owners who have contributed Open Game Content;
(b)”Derivative Material” means copyrighted material including
derivative works and translations (including into other
computer languages), potation, modification, correction,
addition, extension, upgrade, improvement, compilation,
abridgment or other form in which an existing work may be
recast, transformed or adapted; (c) “Distribute” means to reproduce,
license, rent, lease, sell, broadcast, publicly display,

Appendix 10 432
uct Identity, including as an indication as to compatibility,
except as expressly licensed in another, independent Agreement
with the owner of each element of that Product Identity.
You agree not to indicate compatibility or co-adaptability with
any Trademark or Registered Trademark in conjunction with
a work containing Open Game Content except as expressly
licensed in another, independent Agreement with the owner
of such Trademark or Registered Trademark. The use of any
Product Identity in Open Game Content does not constitute a
challenge to the ownership of that Product Identity. The owner
of any Product Identity used in Open Game Content shall retain
all rights, title and interest in and to that Product Identity.
8. Identification: If you distribute Open Game Content You
must clearly indicate which portions of the work that you are
distributing are Open Game Content.
9. Updating the License: Wizards or its designated Agents may
publish updated versions of this License. You may use any
authorized version of this License to copy, modify and distribute
any Open Game Content originally distributed under any
version of this License.
10 Copy of this License: You MUST include a copy of this
License with every copy of the Open Game Content You Distribute.
11. Use of Contributor Credits: You may not market or advertise
the Open Game Content using the name of any Contributor
unless You have written permission from the Contributor
to do so.
12 Inability to Comply: If it is impossible for You to comply
with any of the terms of this License with respect to some or
all of the Open Game Content due to statute, judicial order,
or governmental regulation then You may not Use any Open
Game Material so affected.
13 Termination: This License will terminate automatically if
You fail to comply with all terms herein and fail to cure such
breach within 30 days of becoming aware of the breach. All
sublicenses shall survive the termination of this License.
14 Reformation: If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable.
15 COPYRIGHT NOTICE
Open Game License v 1.0 Copyright 2000, Wizards of the
Coast, Inc.
System Reference Document Copyright 1999-2005, Wizards
of the Coast, Inc.
Adventurer’s Handbook Copyright 2005, Nitehawk Interactive
Games
From the Laboratory of the Mad Wizard Shadmar Revision
2 Copyright 2009, Nitehawk Interactive Games
Outcastia Campaign Sourcebook 5th Edition Copyright
2009, Nitehawk Interactive Games
Outcastia Campaign Sourcebook 5th Edition (Book I:
World Tour) Copyright 2009, Nitehawk Interactive Games
Outcastia Campaign Sourcebook 5th Edition (Book II:
Player’s Guidebook) Copyright 2011, Nitehawk Interactive
Games
