Paul and Fred's Settlement Agreement, March 2018

Page 1

AGREEMENT This Agreement (the “Agreement”) is by and between Stardock Systems, Inc. a Michigan corporation with its principal place of business at 5090 Beck Road, Plymouth, Michigan 48170, and Brad Wardell, an individual residing in Michigan, and their respective affiliates, successors, and assigns (collectively “Stardock”) and Paul Reiche III and Fred Ford, individuals residing in California, and their respective affiliates, successors, and assigns (collectively “Reiche”) (together, the “Parties” or separately, the “Party”), and is to become effective upon the complete execution of this Agreement by the Parties (the “Effective Date”). RECITALS WHEREAS, Accolade, Inc. (“Accolade”) and Reiche entered into a Publishing Agreement dated October 7, 1988, and three (3) Addenda thereto, pertaining to the development and publishing of computer software programs (collectively the “1988 License Agreement”). WHEREAS, on December 8, 2017, Stardock filed suit in the U.S. District Court for the North District of California (Civil Case No. 3:17-cv-07025) against Reiche for trademark and copyright infringement, in addition to other causes of action (the “Lawsuit”), and on February 22, 2018, Reiche filed its Answer, Affirmative Defenses and Counterclaim against Stardock for copyright and trademark infringement, in addition to other causes of action; WHEREAS, “Classic Star Control Games” shall hereinafter mean and collectively refer to “Star Control I”, “Star Control II” and any work used in, for, or in association with “Star Control 3” that was present in or that was referenced or derived from Star Control I and/or Star Control II; WHEREAS, “Reiche’s Work” shall hereinafter mean and collectively refer to all Work and all Derivative Works (as respectively defined in the 1988 License Agreement) developed by or otherwise licensed, assigned or transferred to Reiche (without copyrightable contributions of Accolade), with respect to the Classic Star Control Games, including, without limitation, the characters, names, ships, planets, races, events, locations, contest, likenesses, characteristics, plot lines, canon, lore, settings, sounds, music, source and object code, user interface / user experience (UI/UX) elements, and any other similar proprietary rights in and to such materials; WHEREAS, Accolade was the owner of: a) U.S. Trademark Registration No. 2,046,036 for the word mark STAR CONTROL (the “Mark”); and b) U.S. Copyright Registration No. PA0000799000 dated 1997-01-24 (the “Copyright Registration”) for the game titled Star Control 3, subject to Reiche’s retained rights to any work used in or for Star Control 3 that was present in or that was referenced or derived from Star Control I and/or Star Control II (collectively, the “Reiche Retained Rights”); WHEREAS, Stardock wishes to continue to develop and distribute a game titled “Star Control: Origins” (hereinafter “Stardock Origins”) and Reiche wishes to develop and distribute a new game titled “The Ghosts of the Precursors.”

Page 1 of 7 SA GOTP_20180323_2793 2635.000/1265433.1


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.