Essential Installer CLA

LICENSE

                    Essential Installer™
          Use and Contribution License Agreement
              Last Updated: 28th November 2024


This Use and Contribution License Agreement allows you to modify,
create, fork, and use new versions of our Essential Installer mod in
accordance with the GPL-3 License. However, if you submit a pull
request with changes or additions to the main Essential Installer
repository, subject to the terms of this license, you transfer the
copyright and ownership of those changes to Essential. This
introduction is for summary purposes only and does not constitute
part of the agreement.

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ModCore Inc., doing business as Essential (“Essential”), owns,
publishes, and makes available for download and use its Essential
Installer™ modification to the Minecraft® game (collectively with all
of its features and content and all updates thereto and versions
thereof, the “Mod”), including its underlying source code
(collectively with all updates thereto and versions thereof, the “Mod
Code”), subject to the terms of this Use and Contribution License
Agreement (this “Agreement”). Each individual, corporation, limited
liability company, partnership, association, or other entity or party
(each, a “Person”) that downloads and/or uses the Mod and/or the Mod
Code (each, a “User”) shall be deemed to have accepted, executed, and
be bound by the terms of this Agreement.

EACH INDIVIDUAL USER MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO
DOWNLOAD AND/OR USE THE MOD AND THE MOD CODE OR, IF BETWEEN THE AGES
OF THIRTEEN (13) AND EIGHTEEN (18), HAVE THE PERMISSION OF THEIR
PARENT OR LEGAL GUARDIAN AND HEREBY REPRESENTS AND WARRANTS THAT THEY
HAVE OBTAINED SUCH PERMISSION.

NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby accepted:

1. GNU General Public License v.3.0.

The GNU General Public License v.3.0, dated 29th June 2007, available
at https://www.gnu.org/licenses/gpl-3.0.en.html (as amended from time
to time, “GPL-3”), is hereby incorporated by reference into, and made
part of, this Agreement and governs each User’s download and use of
the Mod and the Mod Code; provided, however, to the extent of any
conflict between any permissions, rights, obligations, terms, or
conditions in this Agreement and GPL-3, this Agreement shall govern
and control, including where expressly stated under Section 3 of this
Agreement. All other rights in and to the Mod and the Mod Core are
hereby expressly reserved. For purposes of GPL-3, the Mod Code, in
the form published from time to time in its code repository presently
located at https://github.com/EssentialGG/EssentialInstaller (the
“Mod Repository”), is the “Program” as defined therein.

2. Creation of Modified Versions.

Each User is permitted under GPL-3 to create and use “modified
versions” of the Program (i.e., the Mod Code) as defined therein
(collectively, “Modified Versions”) and subject to the terms and
conditions thereof. Each User who creates a Modified Version may be
referred to herein as a “Contributor”.

3. Proposal and Acceptance of Modified Versions

Essential invites, but does not require, Contributors to submit their
Modified Versions to Essential for potential inclusion in the Mod
Code (each, a “Proposed Contribution”), subject to the following
terms and conditions:

(a)	Submission Process. Contributors may submit their Proposed
Contributions by opening a “pull request” on the Mod Repository. For
more information on how to create a pull request, visit
https://docs.github.com/en/pull-requests/collaborating-with-pull-reque
sts/proposing-changes-to-your-work-with-pull-requests/creating-a-pull-
request. For the avoidance of doubt, Contributors are not obligated
to submit any of their Modified Versions to Essential as Proposed
Contributions, and may “fork” the Mod Code of their Modified
Versions, thereby creating a derivative work subject to the terms of
GPL-3.
(b)	Review and Acceptance. When a Contributor pushes a Proposed
Contribution to the Repository, Essential will review the Proposed
Contribution and may conduct whatever reviews and testing of the code
as it deems necessary in its sole discretion, after which time
Essential may (i) accept the Proposed Contribution (thereafter, an
“Accepted Contribution”); (ii) decline the Proposed Contribution; or
(iii) request that the Contributor make changes or refinements to the
code for the Proposed Contribution and resubmit the Proposed
Contribution for Essential’s review and acceptance, which the
Contributor may accept or decline in their sole discretion.
(c)	Merging Accepted Contributions Into Mod Code. Essential will
have full discretion whether to merge any Accepted Contribution into
the Mod Code and the Mod Repository. Essential is not obligated to
include, use, or otherwise exploit any Accepted Contribution (or any
portion thereof) in any manner, and each Contributor acknowledges and
agrees that any decision by Essential respecting the use of inclusion
of their Accepted Contribution shall be in Essential’s sole
discretion.

4. Ownership.

Each Contributor shall retain all right, title, and interest in and
to their respective Modified Versions and Proposed Contributions
subject to the terms of GPL-3. In the event Essential accepts a
proposed Contribution thereby becoming an Accepted Contribution in
accordance with the terms of Section 2 of this Agreement, to the
fullest extent allowable and for the full term of protection
otherwise accorded to its Contributor under applicable law, the
Contributor shall be deemed to have already (i) irrevocably assigned,
transferred, granted, conveyed, and relinquished to Essential all
right, title,, and interest, including, without limitation, all
copyrights, neighboring rights, trademarks, patents, and any and all
other ownership and exploitation rights, now or hereafter recognized
in any and all territories and jurisdictions (collectively, “IP
Rights”), in and to the Accepted Contribution in perpetuity
throughout the universe, without any compensation therefor, to the
fullest extent allowable and for the full term of protection
otherwise accorded to the Contributor under applicable law (including
any and all renewals, extensions, and revivals thereof), and (ii)
unconditionally and irrevocably waived any “moral rights,” “droit
moral,” or similar “moral rights of authors” throughout the universe
in and in connection with the Accepted Contribution. Any and all of
an Accepted Contribution that is incorporated by Essential into the
Mod Code shall become fully part of, and inseparable from, the Mod
Code and, to the extent copyrightable, the copyright claimed
exclusively by Essential and its assignees in and to the Mod Code,
whether or not registered with the U.S. Copyright Office or any other
copyright registrar; a Contributor shall not register, or apply or
attempt to register, their Accepted Contribution(s) with the U.S.
Copyright Office or any other copyright registrar or otherwise claim
status as a “joint copyright owner” with respect thereto. This
Section 4 shall control to the extent that there are any conflicting
terms and conditions contained in GPL-3 applicable to ownership of
the Accepted Contribution and its Contributor’s use thereof,
including, without limitation, Paragraph 2 of Section 2 (Basic
Permissions), Section 5 (Conveying Modified Source Versions), and
Section 6 (Conveying Non-Source Forms) thereof, and all such
activities shall constitute a breach of this Section 4.

5. Representations and Warranties.

By submitting a Proposed Contribution, its Contributor represents and
warrants to Essential that (i) the rights in and to the Proposed
Contribution that are granted by the Contributor hereunder will not
conflict with or violate any commitment, agreement, or understanding
such Contributor has with any third-party Person; (ii) the Proposed
Contribution, when delivered to Essential, will be free and clear of
any liens and claims by any third party; and (iii) the Proposed
Contribution and Essential’s use thereof will not violate or infringe
upon any IP Rights, right of privacy, or any statutory or common law
rights of any Person, be libelous or otherwise subject Essential to
liability, or be contrary to law.

6. Indemnification.

In accordance with Section 7(f) of GPL-3, each Contributor shall
indemnify, defend, and hold harmless Essential and its present and
future parent, subsidiary, and affiliate companies and each of their
respective present and future officers, directors, shareholders,
managers, members, employees, agents, representatives, successors,
and permitted assigns (collectively, the “Indemnified Parties”) from
and against any and all liabilities, losses, damages, costs, expenses
(including, without limitation, attorneys’ fees and court costs),
settlements, judgments, and recoveries resulting from any claim,
suit, litigation, action, cause of action, or demand, whether based
in whole or in part in contract, tort, negligence, statute, or
otherwise (each, a “Claim”), brought or asserted by a third-party
Person to the extent arising out of or attributable to any Accepted
Contribution or material breach, or allegation which if true would
constitute a material breach, of the Contributor’s obligations,
representations, or warranties hereunder. Essential shall notify the
Contributor in writing of any Claim subject to indemnification
hereunder (provided any delay in such notice shall not relieve the
Contributor of its indemnification obligations except to the extent
such delay prejudices the defense of such Claim) and give the
Contributor the opportunity to defend or settle such Claim solely
with Essential’s prior written consent and using legal counsel
acceptable to Essential, and cooperate with the Contributor in such
defense and settlement, all at the Contributor’s sole cost and
expense.

7. Use of Essential’s Trademarks.

All Contributors hereby acknowledge Essential’s exclusive trademark
rights in and to ESSENTIAL, ESSENTIAL MOD, ESSENTIAL LOADER, and
ESSENTIAL INSTALLER (together, the “Marks”) for use in connection
with, among other things, downloadable and non-downloadable software,
applications, and video and computer games and software as a service
(SaaS) and platforms as a service (PaaS), based on Essential’s
ongoing use of the Marks in commerce, and in accordance with Section
7(e) of GPL-3, agree not to use, sell, license, commercialize, or
otherwise exploit any Modified Version under the Marks or any other
trademark of Essential or any variation thereof or apply to register
any of the foregoing with the U.S. Patent and Trademark Office or any
other trademark registrar.

8. Relationship of Contributor to Essential.

Nothing in this Agreement or in any course of dealing shall create
any employment, service, agency, partnership, or joint venture
relationship between Essential, on the one hand, and any Contributor
or other User, on the other hand. Essential shall not compensate,
monetarily or otherwise, any Contributor in exchange for them
creating, submitting, or modifying a Proposed Contribution or for
Essential accepting and/or incorporating into the Mod Code any
Accepted Contribution.

9. Notices to Users.

All agreements, notices, disclosures, and other communications that
Essential provides to a User electronically shall satisfy any legal
requirement that such communications be in writing.

10. Entire Agreement; Severability.

This Agreement, together with the GPL-3 to the extent applicable
hereunder, constitutes the entire agreement and understanding between
Essential, on the one hand, and each Contributor and each other User,
on the other hand, with respect to the subject matter hereof, and
supersedes all prior and contemporaneous discussions, documents,
agreements, and prior course of dealing between the parties with
respect thereto. If any term, provision, or condition, or any part
thereof, of this Agreement shall for any reason be found or held
invalid or unenforceable by any court of competent jurisdiction, such
invalidity or unenforceability shall not affect the remainder of such
term, provision, or condition nor any other term, provision, or
condition, and this Agreement shall survive and be construed as if
such invalid or unenforceable term, provision, or condition had not
been contained therein.

11. Governing Law; Dispute Resolution.

This Agreement shall be governed by and construed in accordance with
the laws of the State of New York, without regard to any conflict or
choice of laws rules to the contrary. Any dispute arising hereunder
shall be adjudicated exclusively in the state or federal courts
located in the County of New York in the State of New York, and each
User waives any jurisdictional, venue, or inconvenient forum
objections to such courts.

12. No Waivers.
No failure to exercise, or delay in exercising, any right, remedy,
power, or privilege arising from this Agreement shall operate or be
construed as a waiver thereof, nor shall any single or partial
exercise of any right, remedy, power, or privilege hereunder preclude
any other or further exercise thereof or the exercise of any other
right, remedy, power, or privilege.

13. Changes to this Agreement and the License Terms.

Essential may change or amend this Agreement at any time at its sole
discretion. If Essential makes a material change or amendment to this
Agreement, it will notify each User by posting such changes or
amendments on Essential’s website and other website(s) where
Essential makes the Mod and/or Mod Code available for download (e.g.,
a GitHub repository), which changes or amendments will be effective
automatically upon the posting thereof. IF A USER DEEMS ANY OF THIS
AGREEMENT OR ANY FUTURE CHANGES ARE UNACCEPTABLE, THAT USER SHOULD
NOT USE OR CONTINUE TO USE THE MOD OR THE MOD CODE AND DELETE ALL
DOWNLOADED COPIES OF THE MOD CODE IN THEIR POSSESSION OR STORED ON
ANY OF THEIR DEVICES. A USER’S CONTINUED USE OF THE MOD AND/OR MOD
CODE FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THIS
AGREEMENT SHALL CONSTITUTE THEIR ACCEPTANCE AND AGREEMENT TO SUCH
CHANGE.