RubyTMIX is being released FREE to the Trainz community and may be used for any purpose, personal or commercial, within the following terms:
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY ARISING FROM OR IN CONNECTION WITH THE SOFTWARE OR ITS USE.
If you don’t agree to these terms... don’t use the software.
Of somewhat greater importance is the way in which the Google SketchUp Terms Of Use apply to this tool. I have exchanged several e-mails with the correct person at Google regarding this, and the following list summarizes what we discussed.
1. The free edition of Google SketchUp may not be used for commercial purposes. This means that you cannot sell the models you create with the free edition – it does not mean you cannot use it to create models for the Trainz environment. What this boils down to is that the only acceptable way of distributing Trainz models created with the free edition of Google SketchUp is to post them on the Trainz DLS so that they are freely available to everyone (the need for a First-Class-Ticket not withstanding).
2. Payware items created for Trainz, e.g. routes, may reference models created with the free edition of Google SketchUp that have been posted on the DLS, but may not directly include any such models in the distributed payware package. This is (I believe) in line with the existing policies of N3V/Auran regarding the use of freeware within payware.
3. Materials, textures, components and Google Street View or Google Earth images that are accessible from within Google SketchUp or other Google products may be used in the creation of Trainz models. However, all such materials must remain part of the model and may not be separated from it for use in any other content creation tool. This means that, even though individual images that represent textures and photos may be accessible at various points in the export/import process, those images must remain part of the single object asset that is held in Trainz and cannot be re-used in any other non-SketchUp-produced asset.
4. Section 8.2 of the Google 3D Warehouse Terms of Service (which can be found at
http://sketchup.google.com/intl/en/3dwh/tos.html) includes the statement “For the avoidance of doubt, you may modify, distribute, and create derivative works of Content uploaded by other users in 3D Warehouse.” I have interpreted this to mean that models can be downloaded from the Google 3D Warehouse, converted via RubyTMIX, and placed on the Trainz DLS in either altered or original unchanged form as desired. Proper etiquette dictates, of course, that the permission of the original author should be sought and that they (and the Google 3D Warehouse) should be named as the original sources.
In summary, I was told that nothing I intended to do required a special agreement with Google; therefore I feel safe in saying that we are allowed to use the free edition of Google SketchUp to produce content for Trainz as outlined above.
If you disagree with my assessment... don’t use the software.