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lack of specific terms on this right of first refusal

A topic by Adroit Conceptions created Feb 23, 2023 Views: 335 Replies: 3
Viewing posts 1 to 4
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under IP & Rights there is a right of first refusal, but no indicated terms. This appears to leave any IP holder in a bad place if they submit, as they could get locked into bad negotiations.

It would be useful to know what the likely terms that would be being offered here are to determine if it is worth the risk of submitting a game.

Jam Host (3 edits) (+1)

Hello Adroit Conceptions, that's a fair question! Give us a day to update the jam page with more details about these terms and what that entails in various situations. We want to give you absolute clarity so we are getting the specific wording from our Legal team.
Broadly speaking (I'm not talking "Legalese" here so please check back on our Itch page tomorrow):
1. We intend for you all to have the right to self-publish as a developer.
2. Should you choose to seek an external publisher, this is when P99 will have the first right of refusal to make an offer.
3. If we decline or do not get back to you within a set period of time, you are then free to seek another publisher.
4. If we do make an offer and you are not satisfied with the terms, you are also free to seek another deal and it is up to us to better it, or give up our rights. 

Let us get back to you with an update regarding the specific time frame in point 3 so I don't jump the gun and misrepresent anything! (We will also update the Itch page thereafter.)

Jam Host(+1)

Hi, we've updated the jam page to reflect the detailed terms and conditions regarding the rights to publishing!

(+1)

thanks, I am sure that will help everyone feel better [or at least more clear] about the terms.