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MAGEGATE LEGAL NOTICE


This document includes both the OGL as mandated by the 5e rights holder and MageGate Games Inc.'s own Legal Notice policy about our Open and Closed Game content and other IP. This applies to our site, blog, products, and/or services now and in future. Where this Legal Notice and our Legal Disclaimer and Terms and Conditions of Service policies differ or contradict each other, the policy that lawfully serves the best interests of MageGate Games Inc. and its officers, assigns, and/or employees shall be held to be the one in effect and to take precedence over the other.

Please note that this "best interests" clause in NO WAY refers to the OGL below, which is its own separate legal document which we have not altered or attempted to interpret our obligations to in any way. We are including both on the same page with a clear separation as to which is which solely for the convenience of any interested parties seeking clarity as to which content is owned by MageGate Games Inc., and which is owned by the 5e rights holder granting us a license to their IP.

This Legal Notice was last updated October 21, 2021, and MageGate Games Inc. reserves the right to make changes as needed without notice to you by updating or revising this page.

Open Game Content: Subject to designation as Product Identity (see below), the only portion of this MageGate Games product designated as Open Game Content is the rules content (creature stat blocks and names of skills, etc., taken from the SRD) as defined in the Open Game License version 1.02 Section 2(d). The front and back cover, front and back matter (including but not limited to the Introduction and Credits page), as well as all other parts of this product (including all text not specifically designated as Open Game Content) are Closed Game Content and remain the exclusive property of MageGate Games Inc. No portion of this work other than the material designated as Open Game Content may be reproduced in any form without the written permission of MageGate Games Inc.


Product Identity: The following items are hereby identified as Product Identity, as defined in the Open Game License version 1.02, Section 2(e), and are not Open Game Content: MageGate Games and the MageGate Games logo, the flame gate logo, 250 Best Magic Items and its series logo, Extreme Encounters and its series logo, Game Master's Guide to and its series logo, as well as all trademarks, registered trademarks, proper names (including the names of each character, location, item, or monster unique to this product or another MageGate Games product), dialogue, plots, storylines, locations, characters, artworks, and trade dress, but excluding any content that is Product Identity of Wizards of the Coast LLC. (Elements that have previously been designated as Open Game Content are not included in this declaration.)


Note: MageGate Games Inc. reserves the right to amend or modify this product if there is a change in the designation of Open or Closed Game Content.


Fair Use: Reference in Closed Game Content (thus not covered by the Open Game License) in this work to trademarks or content owned by others is not a challenge to said trademarks or ownership and is used under Fair Use as permitted by law.

Copyright and Trademarks: This site and any and all its content not otherwise excerpted, licensed, and/or owned by others is Copyright © 2021 by MageGate Games Inc. All rights reserved. MageGate Games, the MageGate Games logo, the flame gate logo, 250 Best Magic Items, the 250 Best Magic Items logo, Heirloom Magic Items, and all other MageGate Games product, character, and location names, as well as their respective logos are trademarks of MageGate Games Inc, in the USA and other countries. This material is protected under the copyright laws of the United States of America. Any reproduction or unauthorized use of the material or artwork contained herein is prohibited without the express written permission of MageGate Games Inc.


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OGL (Open Gaming License)


The OGL now begins and is included in its entirety:


Legal Information


Permission to copy, modify and distribute the files collectively known as the System Reference Document 5.1 (“SRD5”) is granted solely through the use of the Open Gaming License, Version 1.0a.


This material is being released using the Open Gaming License Version 1.0a and you should read and understand the terms of that license before using this material.


The text of the Open Gaming License itself is not Open Game Content. Instructions on using the License are provided within the License itself.


The following items are designated Product Identity, as defined in Section 1(e) of the Open Game License Version 1.0a, and are subject to the conditions set forth in Section 7 of the OGL, and are not Open Content: Dungeons & Dragons, D&D, Player’s Handbook, Dungeon Master, Monster Manual, d20 System, Wizards of the Coast, d20 (when used as a trademark), Forgotten Realms, Faerûn, proper names (including those used in the names of spells or items), places, Underdark, Red Wizard of Thay, the City of Union, Heroic Domains of Ysgard, Ever-Changing Chaos of Limbo, Windswept Depths of Pandemonium, Infinite Layers of the Abyss, Tarterian Depths of Carceri, Gray Waste of Hades, Bleak Eternity of Gehenna, Nine Hells of Baator, Infernal Battlefield of Acheron, Clockwork Nirvana of Mechanus, Peaceable Kingdoms of Arcadia, Seven Mounting Heavens of Celestia, Twin Paradises of Bytopia, Blessed Fields of Elysium, Wilderness of the Beastlands, Olympian Glades of Arborea, Concordant Domain of the Outlands, Sigil, Lady of Pain, Book of Exalted Deeds, Book of Vile Darkness, beholder, gauth, carrion crawler, tanar’ri, baatezu, displacer beast, githyanki, githzerai, mind flayer, illithid, umber hulk, yuan-ti.


All of the rest of the SRD5 is Open Game Content as described in Section 1(d) of the License.


The terms of the Open Gaming License Version 1.0a are as follows:


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.


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, 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 extra 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.


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.


OFFER AND ACCEPTANCE

By Using the Open Game Content You indicate Your acceptance of the terms of this License.


GRANT AND CONSIDERATION

In consideration for agreeing to use this License, the Contributors grant You a perpetual, worldwide, royalty-free, non-exclusive license with the exact terms of this License to Use, the Open Game Content.


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.

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.


USE OF PRODUCT IDENTITY

You agree not to Use any Product 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.


IDENTIFICATION

If you distribute Open Game Content You must clearly indicate which portions of the work that you are distributing are Open Game Content.


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.


COPY OF THIS LICENSE

You MUST include a copy of this License with every copy of the Open Game Content You Distribute.


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.


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.


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.


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.


COPYRIGHT NOTICE

Open Game License v 1.0a Copyright 2000, Wizards of the Coast, LLC.


System Reference Document 5.1 Copyright 2016, Wizards of the Coast, Inc.; Authors Mike Mearls, Jeremy Crawford, Chris Perkins, Rodney Thompson, Peter Lee, James Wyatt, Robert J. Schwalb, Bruce R. Cordell, Chris Sims, and Steve Townshend, based on original material by E. Gary Gygax and Dave Arneson.

All other content Copyright 2021-2023 by MageGate Games Inc.; Author: Jackson Dean Chase.


END OF LICENSE

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