> That statement was not in the EULA.
I don't know, seems pretty clear to me:
2.2 Solely used for the creation of your game, you can edit, process, and modify the materials contained in the Resource Pack.
2.3 Do not sell, distribute, lease, or transfer the Resource Pack itself (even if the materials were edited, processed, or modified by the User).
2.4 Do not make materials to be advertised as compatible with the Product without explicit permission from VISUSTELLA™.
It's pretty standard for assets and resources to not allow the sale of derivative works without permission from the creator, if at all. This is very standard in the industry.
Also, Fair Use really doesn't apply here. Fair Use protects those who make commentary, criticism, or parodies without being called out for copyright infringement. Like, if someone made a video tutorial on how to use the generator, that would fall under Fair Use. Fair Use does NOT simply cover all derivative works. I suggest you research fair use, because you seemed to have missed the mark a bit: https://www.legalzoom.com/articles/what-are-derivative-works-under-copyright-law
From the article:
> But fair use is slippery. There are four factors for courts to weigh when a defendant accused of infringement claims the fair use defense, and this four-factor balancing test leads to subjective, unpredictable results. Although you may think your use is fair, you may find out that the court thinks otherwise.
So honestly, if you really want to argue this, you should be prepared to get a lawyer, because it's hardly within the realm of fair use and you would need to settle it in court if you were that bent on doing so.
It's really not difficult to ask a creators permission to do something. And trying to prove that it's "legally within your right" to modify someone's copyrighted work without permission is just... a bad look. I know I personally would not want to work with someone who would try to prove whether or not my work is or isn't protected by law at every turn.