Innovation and Intellectual Property Rights
Hinterlands claims all copyright to the creative and original expression that goes into the software (the code), the artwork and the sound (and music) of their games. These rights include copyright to the (i) audio elements (musical compositions, sound recordings, voice, imported sound effects, internal sound effects); (ii) visual elements (photographic images (p.e., gif, tiff, jpeg), digitally captures moving images (portable executable (p.e)., moving pictures experts group (MPEG)), animation, text; and (iii) computer software code (source code and object code), including primary game engine or engines, ancillary code, plug-ins and comments, which technically manages the audiovisual elements and permits users to interact with the different elements of the game. Hinterland also claims copyright to video game script, its plot and other literary works; well-developed characters; choreographies and pantomimes; and maps and architectural works. Hinterland claims all rights to the names, designs, and logos associated with their game, including its distinctive characters. If developers want to create a new work on the basis of an existing copyrighted work, a so-called derivative, then they must first secure the appropriate licenses from Hinterland.
Guidelines for Using Hinterland’s Trademarks and Copyright
These guidelines are for Hinterland’s licensees, authorized distributors, developers, customers, users, and other parties wishing to use Hinterland’s trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites, products, labels, or packaging.
Hinterland’s trademarks, service marks, trade names, and trade dress are valuable assets. By using the Hinterland trademark, in whole or in part, you are acknowledging that Hinterland is the sole owner of the trademark and promising that you will not interfere with Hinterland’s rights in the trademark, including challenging Hinterland’s use, registration of, or application to register such trademark, alone or in combination with other words, anywhere in the world, and that you will not harm, impair, misuse, or bring into disrepute any Hinterland trademark. The goodwill derived from using any part of a Hinterland trademark exclusively inures to the benefit of and belongs to Hinterland. Except for the limited right to use as expressly permitted under these Guidelines and Conditions, no other rights of any kind are granted hereunder, by implication or otherwise.
Trademark Attribution. A non-exhaustive list of Hinterland’s trademarks and services marks is listed below: Hinterland™ Wintermute™ The Long Dark®
When using the trademarks in publications that will be distributed only in Canada and the United States, include the appropriate ™, ℠, or ® symbol on first use (The Long Dark®, Wintermute™; Hinterland™). For publications that will be distributed outside Canada and the United States, do not include trademark symbols. Instead use the appropriate trademark attribution notice, for example: The Long Dark is a trademark of Hinterland Studio Inc., registered in the United States and other countries.
Guidelines for Using Hinterland’s “Enforcement and Quality Control”
Hinterland actively protects its intellectual property rights and misappropriation of its rights, including the exclusive rights provided under a patent to make, sell, use, and offer for sale patented products in jurisdictions where the patents are filed. Legal action will be pursued against all persons involved in the making, offering to sell, selling and otherwise using the intellectual property rights of Hinterland without lawful authorization. Extensive and disruptive remedies can be ordered by a court against distributors, manufacturers and all persons who obtain or use infringing products. These remedies include restraining orders, pre-trial and permanent injunctions, damages accruing from the date of publication of the patent application, damages after issuance of the infringed patent, accounting of profits, legal costs, expenses and interest charges. In some jurisdictions, punitive damages may also be awarded.
Authorized Use Conditions and Restrictions (Conditions)
- Advertising and Promotions. Only Hinterland and its authorized distributors and licensees may use the Hinterland’s intellectual property rights in advertising, promotional, and sales materials. Using our products or intellectual property rights does not give you ownership of any intellectual property rights in our products or the content you access.
- Third Party Product and Service Names. Hinterland’s trademarks should not be part of any third party product or service name.
- Endorsement and Sponsorship. Any reference to Hinterland’s trademarks does not create a sense of endorsement, sponsorship, or false association with Hinterland or Hinterland products or services.
- False / Derogatory Use. The use does not show Hinterland or its products in a false or derogatory light.
- Favourable Depiction. The use reflects favorably on both Hinterland and Hinterland’s products or technology.
- Publication. In case of a publication, a disclaimer of sponsorship, affiliation, or endorsement by Hinterland, similar to the following, is included on the publication and on all related printed materials: “(Title) is an independent (publication) and has not been authorized, sponsored, or otherwise approved by Hinterland Studio Inc.”
- Attribution Notice. A trademark attribution notice is included in the credit section giving notice of Hinterland’s ownership of its trademark(s) as described in this document.
- Web sites that serve only as non-commercial electronic informational forums concerning a Hinterland’s products may use the appropriate Hinterland’s trademarks, provided such use complies with the guidelines set forth in in these Conditions.
- Confusing Use. You may not use a name or trademark that is confusingly similar to any trademark owned or used by Hinterland.
- Registration. You may not use or register, in whole or in part, Hinterland trademark, including Hinterland-owner graphic symbols, logos, icons, or an alteration thereof, as or as part of a company name, trade name, product name, or service name except as specifically noted in these Conditions.
- Domain Names. You may not use an identical or virtually identical Hinterland trademark as a second level domain name.
- Merchandizing. You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, bearing Hinterland trademarks or other Hinterland symbols, logos, or icons, except pursuant to an express written trademark license from Hinterland.
- Slogan or Tag Lines. You may not use or imitate a Hinterland slogan or tag line.
The above measures to protect Hinterland’s investments in its intellectual property rights and provide assurance to customers and users of the quality and source of products that are created and developed by Hinterland.
(last edited: July 25, 2017)