This VENDOR.DOC describes the only terms by which we (Jeff Heaton P.O.
Box 25534, St. Louis, MO 63125, heatoninc@aol.com) permit Commercial
Distribution of this Program.
"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.
"Program" means this Version 3 and its related files (including this one)
distributed by us under the mark "WinUGCS/WinCheat" (collectively, the
"Trademark"),as it may be upgraded or otherwise modified from time-to-time.
Distribution is "non-commercial" when for free, or by any not-for-profit
corporation or tax exempt organization, or by hobby, user or computer
interest group to its members, or by any BBS.
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 Program and all earlier versions of it, and the right to use
the Trademark in connection with them.
B. THINGS YOU MUST DO: You may Commercially Distribute the Program under
this License so long as you:
[1] Market it as shareware using "try before you buy" or similar words,
[2] Try to sell only the most current version of it,
[3] Make distribution copies only from master copies received directly from
us or from our web site(http://members.aol.com/heatoninc using high
quality disks and duplication technology,
[4] Distribute the complete Program including all of its related files,
each in compressed or other format as released by us,
[5] Clearly and obviously mark all promotional material that the program is
SHAREWARE.
C. THINGS YOU CANNOT DO: You may not commercially distribute the program in
any of the following ways without written permission from us:
[1] You may NOT sell the "Program" in a retail location without a signed
royalty agreement.
D. 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 Program by anyone else without our consent in writing,
or [2] rent or lease the Program, or [3] sell it as part of any hardware
or software package.
E. THE PROGRAM 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.
F. 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 Program 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 H will survive the termination of this License.
H. MISCELLANY
[1] Since we would be irreparably damaged if Section A, B, C or D 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 Program.
[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 St. Louis, Missouri, and to service by certified mail,
return receipt requested, or as otherwise permitted by law.
