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Home Entertainment Cube … Arcade Shareware Games 2
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ARCADE_2.ISO
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harry
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license.doc
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1993-10-06
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7KB
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126 lines
"HALLOWEEN HARRY" (herein referred to as GAME SOFTWARE)
Copyright 1993 Apogee Software, SubZero Software
Graphics: Copyright 1993 Interactive Binary Illusions
THIS IS A LICENSE TO DISTRIBUTE OR SELL THE SHAREWARE
VERSION ONLY OF APOGEE'S GAME SOFTWARE.
This LICENSE.DOC describes the only terms by which we (APOGEE
SOFTWARE PRODUCTIONS, P.O. Box 496389, Garland, TX 75049, (800)
426-3123)) permit Commercial Distribution of this GAME SOFTWARE.
"Commercially distribute" means to distribute for money or other
consideration. It includes copying onto magnetic disks, CD-ROMs
or any other tangible medium now or subsequently known, and
distribution by retail rack, direct mail, catalog, advertisement,
or trade show. It does *not* include distribution by any not-
for-profit organization, by any hobby, user or computer interest
group to its members, or electronically by any BBS.
"GAME SOFTWARE" means any released SHAREWARE VERSION and its
related files (including this one) distributed by us under its
trademark and "APOGEE" (collectively, the "Trademark"), as it
may be upgraded or otherwise modified from time-to-time. (THIS
LICENSE DOES NOT APPLY TO APOGEE'S NON-SHAREWARE GAMES, WHICH MAY
ONLY BE DISTRIBUTED BY AUTHORIZED APOGEE DEALERS WITH WRITTEN
APPROVAL FROM APOGEE.)
A. OWNERSHIP: Except to the extent expressly licensed by us, we
have and reserve the exclusive copyright and other right, title
and interest to distribute the GAME SOFTWARE, and the right to use
the Trademark in connection with them.
B. THINGS YOU MUST DO: You may Commercially Distribute the GAME
SOFTWARE under this License so long as you:
[1] VERY IMPORTANT: include the the phrase "Published by Apogee"
or "An Apogee Game" in every description of the GAME SOFTWARE
used in your catalog, packaging or other promotional material.
To leave this out is a violation of our copyright and we will
revoke your right to sell Apogee games if this is ignored,
[2] Clearly market it as shareware using "try before you buy" or
similar words,
[3] Sell only the most current version of it,
[4] Make distribution copies only from master copies received
directly from us using high quality disks and duplication
technology,
[5] Distribute the complete GAME SOFTWARE (shareware version only)
including all of its related files, each in compressed or other
format as released by us, including the files CATALOG.EXE,
ORDER.FRM, and FILE_ID.DIZ,
[6] IF YOU DISTRIBUTE BY "RACK", CD-ROM or otherwise allow the
GAME SOFTWARE to be sold in a retail establishment YOU MUST SIGN
A COPY OF APOGEE'S "RETAIL DISTRIBUTION AGREEMENT" first.
Please contact Apogee to get a copy of this agreement,
[7] Must not distribute or sell third-party levels, editors, add-ons,
or utilities designed to modify the playing characteristics of
any of Apogee's games. Selling unauthorized levels or art that
relate to an Apogee game is a violation of Apogee's copyrights.
C. Your right to distribute under this license is personal, and
does not include any right to [1] sublicense or otherwise cause
any copying or distribution of the GAME SOFTWARE by anyone else without
our consent in writing, or [2] rent or lease the GAME SOFTWARE, or [3]
sell it as part of any hardware or software package.
D. THE GAME SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON.
WE WILL PROVIDE NO REMEDY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE
OR INCIDENTAL 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.
E. TERM: This License terminates upon 30 days prior written
notice by either us to the other. If terminated by us by such
notice, you may distribute the GAME SOFTWARE until the earlier of 30
days after the termination date in the notice, or completion of
the distribution of the copies you have in stock. Sections A, D
and F will survive the termination of this License.
F. MISCELLANY
[1] Since we would be irreparably damaged if Section A,
B[1]-B[6], or C of this License 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.
[2] 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 GAME SOFTWARE.
[3] With respect to every matter arising under this License, you
consent to the exclusive jurisdiction and venue of the state
and federal courts sitting in Dallas, Texas, and to service
by certified mail, return receipt requested, or as otherwise
permitted by law.
G. THIS LICENSE DOCUMENT IS APOGEE'S PROPERTY: It is illegal for
other shareware companies to copy this document in whole or in part
for private or commercial use or distribution.
=====================
SUMMARY OF KEY POINTS
=====================
[1] Apogee owns the right to control the distribution and selling of
our GAME SOFTWARE, and we can (for any reason) select who can and
who cannot sell and distribute our GAME SOFTWARE.
[2] All advertising of any Apogee game must include "Apogee" in the
description.
[3] If you want to sell GAME SOFTWARE in a retail location (such as
on a rack), if you want to bundle our games, or if you sell want
to sell our games on CD-ROM, you must get written permission from
Apogee FIRST.
[4] Selling Apogee's GAME SOFTWARE through a catalog, advertisement,
BBS, on-line service, or direct mailing is allowable without prior
permission from Apogee. It is highly recommended that vendors of
Apogee's games acquire our software from an authorized source,
such as our home BBS (Software Creations BBS: 508-365-2359) or
directly from Apogee, to prevent the selling of older versions.
[5] Customers and players of Apogee's shareware games may freely copy
and pass around our shareware software, without charging a fee.
(Apogee's shareware is always episode one of a series of related
games. The remaining episodes in a series are NOT SHAREWARE, and
must not be distributed or sold other than by Apogee or by an
authorized distributor.)
[V.10.01.93]