"Nebula Fighter" Copyright 1997 Holodream Software Licensed for exclusive distribution by One Reality. P.O. Box 1886, Rockwall, TX 75087-1886, World Wide Web Page: www.onereality.com BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU INDICATE YOUR AGREEMENT TO THE TERMS OF THIS "VENDOR.DOC". ===================== = GENERAL RULES = ===================== [X] One Reality allows and encourages all BBS's and on-line services to copy, upload, give and generally pass around via modem this Program without charging for it or altering or removing the original files. [X] If you want to distribute it in a retail location (such as on a rack), or as part of a hardware or software bundle, or on CD-ROM please contact One Reality to get signed written permission from One Reality. One Reality reserves its right to withhold permission. If you would like to become a registered shareware/retail dealer of One Reality products, please contact us via our web page. [X] If you want to distribute it as provided in this VENDOR.DOC by catalog, advertisement, BBS, on-line service, or direct mail free of charge, no written permission is needed. One Reality recommends, however, that distribution be made from a copy from One Reality's home web page (www.onereality.com) to prevent the sale of older versions. [X] All advertising of the Program must include "One Reality" in the description. [X] The Program is marked "Shareware" and contains "episode #1". No right is given by this VENDOR.DOC to copy, use or distribute any other version, including any version that is registered, or not marked shareware, or that contains any episode other than #1. [X] You must have written permission from One Reality in order to sell this program in any retail outlets. ====================== = LICENSE = ====================== [1] DEFINITIONS: "Program" means Nebula Fighter and its related files, including this one. [2] OWNERSHIP: Except to the extent expressly licensed, One Reality owns and reserves the exclusive right to distribute the Program, and to use the Trademarks in connection with it. Its content, layout and format are the property of One Reality and Holodream Software to the extent permitted by law. [3] GRANT AND CONDITIONS: One Reality grants a non-exclusive license to distribute the Program on IBM compatible media under the Trademarks subject to the following conditions: [A] CONDITIONS FOR ALL DISTRIBUTION [1] All of the Program's files, including this one, as released by One Reality must be included without modification. [2] No copyright or trademark information may be removed. [3] You must not [a] distribute any version of the Program with unauthorized changes, such as additional or different levels, or changed characters or mazes; or [b] characterize such versions as an "add-on" or "extension" of any One Reality product; or [c] distribute any unauthorized third party utility designed to alter any One Reality game, game level, game episode or saved game. [B] ADDITIONAL CONDITIONS IF YOU CHARGE: If your distribution involves a disk or other physical medium, you must also: [1] Clearly market the Program as shareware, which requires (among other things) using "try before you buy" or similar words on packaging for the Program. [2] Include the "One Reality" logo on the front cover of the package. [3] Include the your name/company name, address and phone number on the packaging and in any added documentation. This can be imprinted on the package or may be in the form of a label affixed to the box, carton or folder. [4] Any description of the Program included in a re-sellers catalog, sales brochure, on special packaging or handouts, must include "A One Reality Game", "Released by One Reality" or "Published by One Reality" if the word count of the description is more than 14 words in length. [5] Distribute copies only after the programs on newly created master diskettes have been thoroughly tested. Always use high quality media and duplication technology. [6] Try to sell only the most current version of the Program. [7] You may add an installation routine if it does not interfere with the proper operation or installation of the Program. However, if you do add an installation routine you must provide technical support or supply the users with a way to get technical support for any problems that a user may have during the installation process. One Reality will not support any "add on routines". [8] Program updates, recommended descriptions and "screen shots" will be provided upon request, and are available on the One Reality world wide web page. [4] TERM: Unless terminated for cause, your grants under this VENDOR.DOC terminate 30 days after you receive written notice, or such longer period as the notice may provide. Following such termination, you may distribute the Program only until the earlier of 60 days after the termination date in the notice, or distribution of the copies you have in stock. Sections [2], [5], and [6] survive termination. [5] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If One Reality provides a physically defective copy of the Program, One Reality will replace it upon submission of the defective one. Aside from this, the Program IS PROVIDED "AS-IS", AND NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY IS SUCH REPLACEMENT, AND UNDER NO CIRCUMSTANCES WILL WE PROVIDE ANY OTHER REMEDY FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. [6] MISCELLANY [A] Since we would be irreparably damaged if Section [3], [4] or [6][D] were not specifically enforced, we will be entitled without bond, other security or proof of damages, to appropriate equitable remedies with respect to breaches of such sections, in addition to such other remedies as we may have. [B] You will hold us, our partners, contractors, employees and agents harmless from damage, loss and expense arising directly or indirectly from your acts and omissions in copying and distributing the Program, including from any installation routine that you may add. [C] With respect to every matter arising under this, you consent to the exclusive jurisdiction and venue of the state and federal courts sitting in Rockwall, Texas, and to service by certified mail, return receipt requested, or as otherwise permitted by law. [D] You will not modify, reverse compile, disassemble, or reverse engineer the Program, or use or disclose any confidential information that it contains. One Reality can be contacted at: One Reality P.O. Box 1886 Rockwall, TX. 75087-1886 or leave us an Email at: www.onereality.com or send us a Fax at: (972) 881-4243 07.15.97 TN/AF