8-Bit Shack Noncommercial Source License

1. Purpose

The 8-Bit Shack Noncommercial Source License ("License") is intended to encourage the preservation, study, enjoyment, modification, and noncommercial sharing of software originally created or published by 8-Bit Shack and its contributors. This License permits noncommercial use and modification while preserving original copyright ownership, requiring attribution, and ensuring that source code for distributed modifications remains available.

This License is not an Open Source Initiative (OSI) approved open-source license.

2. Definitions

Licensor: 8-Bit Shack and any other copyright holder who has authorized distribution of their work under this License.
Software: Source code, executable programs, binary files, documentation, and other materials expressly distributed under this License.
Original Software: The Software as initially distributed by its Licensor, excluding subsequent third-party modifications.
Modified Software: Any version of the Software containing changes, adaptations, enhancements, or derivative works based upon the Original Software.
Noncommercial Use: Use that is not primarily intended for or directed toward commercial advantage, business operations, or monetary compensation.
Distribution: Making copies of Software available to another person or organization, including through websites, repositories, file archives, physical media, or other means.
Corresponding Source: The preferred form of the Software for making modifications, including source files, build scripts, configuration files, and other materials reasonably necessary to build or reproduce the distributed executable, excluding generally available development tools.

3. Copyright and Ownership

3.1. Copyright ownership of the Original Software remains with its respective copyright holders.
3.2. Nothing in this License transfers ownership of the Original Software, its original source code, or its original creative content to any recipient.
3.3. Contributors and modifiers retain copyright ownership of their independently copyrightable contributions, subject to the permissions and obligations of this License.
3.4. Modifying the Software does not grant ownership of the Original Software or its underlying copyrighted components.
3.5. The 8-Bit Shack name, logos, trademarks, and other identifying branding remain the property of their respective owners.
3.6. All rights not expressly granted under this License are reserved.

4. Grant of Permission

Subject to compliance with this License, the Licensor grants recipients a worldwide, royalty-free, nonexclusive, nontransferable permission to:

Download and use the Software for noncommercial purposes.
Execute and study the Software.
Examine and modify available source code.
Create derivative works for noncommercial purposes.
Share unmodified copies of the Software without charge.
Distribute Modified Software for noncommercial purposes, provided all applicable conditions of this License are satisfied.

Recipients may not sublicense the Original Software under different terms.
The permissions granted under this License do not authorize commercial exploitation.

5. Noncommercial Restrictions

The Software and Modified Software may not be used for commercial purposes without prior written permission from the applicable copyright holders.
Prohibited commercial activities include, without limitation:

Selling or licensing copies of the Software or Modified Software.
Including the Software in commercial software products.
Distributing the Software as part of a paid software collection.
Using the Software or Modified Software in revenue-generating services or business operations.
Charging access fees specifically for obtaining the Software.
Using the Software in commercial advertising or promotional products.

Distribution at no charge does not automatically qualify as noncommercial if the activity is primarily intended to generate commercial advantage.
Commercial licensing requests must be directed to 8-Bit Shack through: https://www.8bitshack.net
Any commercial permission must be granted in writing by the applicable rights holders.

6. Redistribution of Original Software

Recipients may redistribute unmodified copies of the Original Software for noncommercial purposes, provided that:
6.1. The Software is distributed without a licensing fee or other charge for the Software itself.
6.2. All existing copyright notices, author credits, and attribution statements are preserved.
6.3. A complete copy of this License accompanies the distributed Software.
6.4. The Software is not falsely represented as having been created by another individual or organization.
6.5. Any included third-party materials are redistributed only when their applicable licenses or permissions allow it.
6.6. The distributor does not imply endorsement, sponsorship, or official affiliation with 8-Bit Shack beyond the accurate identification of the Software's origin.

7. Modifications and Derivative Works

Recipients may modify the Software for noncommercial purposes.
Modified Software may be distributed only when the following requirements are satisfied:

7.1. Attribution: All original copyright notices and applicable contributor credits must be preserved.
7.2. Modification Notice: The modified version must clearly identify that changes have been made and must not be represented as an unmodified original release.
7.3. Identification of Changes: A reasonable description of significant changes must accompany the modified version.
7.4. Source Availability: The complete Corresponding Source for the distributed Modified Software must be provided in accordance with Section 8.
7.5. License Preservation: The Modified Software must be distributed under this same License, without additional restrictions that conflict with its terms.
7.6. Noncommercial Distribution: Modified Software may not be sold or commercially exploited without written permission from the applicable copyright holders.
7.7. Original Branding: Modified versions may not use the 8-Bit Shack name or logo in a manner that suggests they are official releases or endorsed by 8-Bit Shack.
7.8. Contributor Ownership: Authors of modifications retain copyright in their original contributions, but their distribution of those contributions as part of Modified Software must comply with this License.

8. Source Code Availability

8.1. When Modified Software is distributed in executable, binary, or other non-source form, the distributor must also make the complete Corresponding Source available to recipients.
8.2. The Corresponding Source must include all modified source files and materials reasonably necessary to build or reproduce the distributed Modified Software.
8.3. Source code must be supplied without an additional licensing fee.
8.4. Source code may be provided alongside the distributed executable or through a publicly accessible repository or download location.
8.5. If a download location is used, it must remain accessible for as long as the distributor continues offering the corresponding executable for distribution.
8.6. Recipients must be permitted to study, modify, and redistribute the Corresponding Source under this same License.
8.7. Private modifications that are not distributed do not trigger a requirement to publish or provide their source code.
8.8. Nothing in this section requires disclosure of independently developed software that is not a derivative of, or otherwise subject to this License.

9. Attribution Requirements

All redistributed copies and Modified Software must preserve applicable original copyright notices and contributor acknowledgments.
Where attribution is reasonably practical, redistributed versions must identify:

Original publication: 8-Bit Shack
Website: https://www.8bitshack.net

The names of original developers, artists, musicians, and other contributors must be retained when provided in the Original Software.
Modified versions must additionally identify their respective modifiers.
Attribution may appear in documentation, a README, a credits screen, or another reasonably accessible location appropriate to the Software.
Attribution does not imply that 8-Bit Shack endorses a modified version.

10. Protection of Names and Trademarks

This License does not grant trademark rights or permission to use the 8-Bit Shack name, logos, or branding for commercial promotion.
Recipients may identify 8-Bit Shack as the original publisher or creator where accurate.
Modified versions must not imply official status, endorsement, or sponsorship without prior written authorization.
Any other use of 8-Bit Shack branding requires permission from its respective owner.

11. Third-Party Components

The Software may include third-party libraries, artwork, music, development tools, or other components.
Such materials remain subject to their applicable licenses and permissions.
This License does not supersede or replace third-party licenses.
Recipients are responsible for complying with applicable third-party requirements.
Where third-party licensing terms conflict with this License, recipients may not distribute the affected combination unless they have obtained all necessary permissions.

12. Contributions

Contributions submitted to 8-Bit Shack are not automatically assigned to 8-Bit Shack merely because they are submitted.
Unless a separate written agreement provides otherwise, contributors retain copyright ownership of their independently copyrightable contributions.
A contributor who knowingly submits a contribution for inclusion in Software distributed under this License represents that they have the necessary rights to submit it and authorizes distribution of that contribution under this License.
Separate contributor agreements may establish additional rights, obligations, or ownership arrangements.

13. Termination

The permissions granted under this License are conditional upon compliance with its terms.
If a recipient violates this License, the permissions granted to that recipient automatically terminate.
Permissions may be reinstated if:

The violation is corrected within 30 days after receiving written notice from an applicable copyright holder; and
The recipient takes reasonable steps to remedy the consequences of the violation.

Reinstatement does not prevent the applicable copyright holder from pursuing remedies for prior violations where permitted by law.
Termination of one recipient's permissions does not automatically terminate permissions previously granted to other recipients who remain in compliance.

14. No Warranty

THE SOFTWARE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COPYRIGHT HOLDERS AND CONTRIBUTORS SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE USE, MODIFICATION, OR DISTRIBUTION OF THE SOFTWARE.

15. Reservation of Rights

All rights not expressly granted under this License remain reserved by the applicable copyright holders.
Nothing in this License limits rights that recipients may independently possess under applicable law, including statutory exceptions to copyright protection.
The Licensor may distribute the Software under additional or different licenses where the Licensor possesses the necessary rights to do so.

16. Scope and Applicability

This License applies only to Software expressly identified as being distributed under the 8-Bit Shack Noncommercial Source License.
It does not automatically apply to every product, game, utility, demonstration, or other work published by 8-Bit Shack.
Separate licenses or terms governing other 8-Bit Shack products remain unaffected.

17. License Identification

License Name: 8-Bit Shack Noncommercial Source License
Version: 1.0
License Type: Custom, Noncommercial, Source-Available
License Website: https://www.8bitshack.net