[gameprogrammer] Virtools first impressions (licensing only)

So far I've been in negotiation with Virtools to license their technology. Judging by the webpage http://www.virtools.com/ it's quite powerful, and the reviews are mostly positive.

In my course of trying to license the API, I was given these terms:

I get:
1. The ability to make a web-based game, which I can support via advertsing or sales.
2. 3 days of training
3. 3 months of access to the API.

In exchange:
1. Pay $5000 upfront
2. 10% of gross on release, no cap.
3. If I want 2 additional months of access it is $1500 extra.

For additional fees I can get:
1. The multiplayer server - 4 player support - $35,000
2. The ability to load external C++ code - price unknown.

The problems I have with this are:

1. Personal risk and lock-in. I have to pay $5000 before I have had a chance to evaulate the product. What if I decide I don't like it, decide to go for something else, or just don't finish the game?

2. Forced 3 month development. This is to get me to rush through a game, in order to start another game and buy another license. What if I decide to polish my existing game, or want to take longer?

3. 10% of gross, with no cap. What if I make more than the license is worth?

4. Propretary work - All work is done through GUI and proprietary scripts. If I decide some months down the road to change engines, all the work I did is lost.

5. Additional fee for external code, with unknown capabilities - I want to use my own network engine. Can I? How much would it cost? Is it compatible with Virtools? I don't know.

According to the representative I'm getting a good deal since the commercial license, which lets me make sales on the game, is a large amount that he didn't specify. I would have to pay for any additional components I use on project completion.

I plan to offer the following counter-terms:
1. Unlimited use
2. No money due until release
3. 10% of gross
4. $5000 due on release
5. No additional charge to use external code.

In the likely case this is not accepted, I will fall-back on Wild Tangent (though it has its own problems). If that doesn't work I will write my own ActiveX control.


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