As we all know, it has become increasingly difficult to ensure that one is protected
from litigation as a part of engaging in various activities related to the Holidays.
The law in these matters is unclear, and despite the urgings of certain individuals on
rec.xmas.presents.giving it is completely uncertain that the act of gift transference
can be legally accomplished within the existing legal framework without concern.
In an effort to resolve these challenges, and to promote an increse in Gift Giving,
Happiness, and Holiday Cheer, the staff and management of the Open Game Foundation
have taken the time to draft a special version of the OGL suitable for these necessary
purposes:
Happy Holiday of Your Choice!
Ryan S. Dancey
=========================
(begin license)
OPEN GIFT LICENSE Version 12.25
1. Definitions: (a)"Recipient" means the any person who receives, or should have
received, a gift persuant to this license or any common-law gift transfer mechanism;
(b)"Present" means any item, promise of service, or other value-bearing instrument
including those which are wrapped, boxed, bowed, enveloped, hidden in trees, left by
the chimney with care, delivered to the bed area, or accidentally left in the closet;
(c) "Open the Gifts" means to unwrap, unbox, remove bows, extract from envelopes,
find hidden in trees, take down from the chimney with care, spill orange juice and/or
toast crumbs on, or "accidentally" find while "cleaning" someone else's room;
(d)"Open Gift Content" means the any Present conveyed to a Recipient, who in turn
Opens the Gifts, but does not include openings caused by small housepets (unless the
housepet also qualifies as the Recipient for that particular Gift), torn or otherwise
damaged wrapping caused by accidents in transport, including !
all Large Bag and/or Chimney Ascent/Decent incidents. (e) "Giver Identity" means any
indication of the person conveying the Present to the Recipient for Opening the Gift
Content, although this identity may be obfuscated at the Giver's option as
"Anonymous", "Santa", "Elves from the North Pole", "Frosty", or any other character
(fictional or potentially real characters are also permissible even if their exact
status cannot be positively recognized); (f) "Jesus" means any person of Hispanic
descent (or any other family/ethnic group with reasonable historical precdence) and/or
a two thousand year old individual who may or may not have been sent to save us all
from Satan's Power. (g) "Holiday" means Cristmas, New Years (European or Chinese),
Kwanzaa, Chuanuka, and any Roman, Greek, African, Asian, or other celebration
occuring simultaneously with the Winter Solictice. (h) "Happy" means the mental
condition one obtains after having been the Recipient, the Giver, or any o!
ther participant in a successful licesing opportunity per this Agreem
2. The License: This License applies to any Open Gift Content that contains a notice
indicating that the Open Gift Content may only be Used under and in terms of this
License. You must affix such a notice to any Open Gift 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 Gift Content
distributed using this License.
3.Offer and Acceptance: By Opening a Gift licensed per the Open Gift License You
indicate Your acceptance of the terms of this License.
4. Grant and Consideration: In consideration for agreeing to use this License, the
Givers grant You a perpetual, worldwide, royalty-free, non-exclusive license with the
exact terms of this License to Use, the Open Gift Content.
5.Representation of Authority to Contribute: If You are contributing a Gift as Open
Gift Content, You represent that Your Gift is your legal property (or that you have
authority to make a representation such as a promise or a gift certificate) and that
You have sufficient rights to grant the rights conveyed by this License.
6.Notice of Giver's Notice: You must update the GIVER'S NOTICE portion of this License
to include the exact text of the GIVER'S NOTICE of any Open Gift Content You are
distributing, and You must add the the GIVER'S IDENTITY to the GIVER NOTICE of any
Open Gift Content you Distribute.
7. Copy of this License: You MUST include a copy of this License with every instance
of Open Gift Content You Distribute. Permission to distribute this License in whole
or in part is hereby granted to all Recipients and Gift Givers.
8. 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 Gift Content due to statute,
judicial order, or governmental regulation, lateness of the hour, simple
misunderstanding, poor inventory practices at various local merchants and e-commerce
sites, bad weather, ignorance, tired reindeer, lack of sufficent dradle spinning
material, or other problem which can be reasonably ("reasonably" being defined as
"you can say the excuse with a straight face") explained then You may delay the
transfer of the Open Gift Content until such time as you can fulfil your obligations
under this Agreement as the Giver.
9. 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.
10. Gift Enhancement: It is reasonably beleived by certain memebers of the Open Gift
Community that the number and/or quality of the Gifts that are received pursuant to
this License may be enhanced via the mechanism of providing sustenance to a
mysterious figure known as The Jolly Old Elf. This term permits you to attempt this
Gift Enhancement Activity via the placement of cookies, milk, and any other food item
you think, in your considered opinion, likely to trigger the desired result. Neither
the writer, nor any 3rd party to this license is responsible for the proof of
existence of the Jolly Old Elf, or for his/her actions within your house, apartment,
condo, or other domicile.
11. Charitable Giving: In an effort to increase the sum total of "Happiness"
experienced during the "Holiday", the Licensor strongly suggests excersizing your
rights per this Agreement to convey one or more Gifts to those who might not
otherwise find themselves Licensed Recipients of Open Gift Content. For reasons not
fully understood at this time, excersizing this clause has the odd effect of
increasing both the Recipient's and the Giver's Happiness simultaneously.
12. The "Santa" Clause: In addition to the provisions of Clause 10 above, there are
certain other terms to which you agree to be bound by Using this Agreement. These
include: Permission to fly over and land on your rooftop in a sleigh or other
conveyance, pulled by eight (optionally nine based on inclement weather) tiny
reindeer. An individual (and any necessary elf helpers) who are occupants of this
vehicle may enter your home for the sole purpose of delivering Open Gift Content,
and/or consuming the Gift Enhancement you have provided for that purpose. Should you
be awakened by the activities related to this Term, and should you actually see the
individuals involved, they will remove themselves from your premises via the chimney
or other non-standard method of egress forthwith. At no time should you awaken any
other member of your family or guests who may be staying under your roof, nor should
you attempt to take pictures of said individuals for publication !
in various national tabloids or the internet.
13. GIVER'S NOTICE
Open Gift License v 12.25 Copyright 2001, Ryan S. Dancey
===========================
(end license)
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