Balls of Steel, including all versions, characters, patches and upgrades (the
"Game") Copyright (c) 1997 Pinball Wizards, a division of Apogee Software,
Ltd., P.O. Box 496489, Garland, TX 75049 (the "Company"). All worldwide
rights reserved. (Visit us at www.pinballwizards.com.)
Commercially licensed to GT Interactive Software for worldwide distribution,
commercial publishing, and sublicensed distribution. (www.gtgames.com)
BY COPYING OR USING THIS PROGRAM, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS, WHICH ARE THE ONLY ONES BY WHICH THE COMPANY PERMITS COPYING OR USE. THIS PROGRAM IS NOT SHAREWARE. DISTRIBUTING IT WITHOUT PINBALL WIZARD'S PERMISSION IS ILLEGAL.
[1] OWNERSHIP. Except to the extent expressly licensed by us, we have and
reserve the exclusive copyright, trade secret and other rights to the
Program, and the right to use the Trademarks "Apogee", the Apogee Comet
"logo", "3D Realms", the 3D Realms logo, "Pinball Wizards", the Pinball
Wizards logo, "Balls of Steel", "Duke Nukem", and any other characters
contained within the Game in connection with it. Except to the extent
expressly licensed, the Company owns and reserves the exclusive right to
distribute the Game, and the right to use the Trademarks in connection
with it. Its content, layout and format are the property of the Company
to the extent permitted by law.
[2] GRANT: The Company grants a non-exclusive, non-transferable, royalty-free
license to distribute the Game only as follows:
[A] INDIVIDUALS are encouraged to share and give copies of the Game to
friends, family, coworkers, and members of any not-for-profit
organization, but only without charge.
[B] These grants are subject to the conditions that no copyright information
or trademark will be added or removed, and all of the Game's files as
released by the Company will be included without modification (except for
"New Levels" as permitted below by this license).
[3] NEW LEVELS.
"New Levels" are data that modify or substitute for Game data, thus
modifying or replacing one or more Game levels. Creating or distributing
a New Level or a software tool that has no substantial purpose other than
to contribute to the creation of a New Level infringes rights of the
Company and is prohibited by law except as permitted by the Company. THE
COMPANY PERMITS NEW LEVELS ONLY THAT MEET ALL OF THE FOLLOWING
CONDITIONS:
[A] The Level must only work with a RETAIL episode of the Game. It must NOT
work with this Episode One (shareware episode).
[B] The level must not contain modifications to any COM, EXE, or DLL, or to
other executable file.
[C] The level must not contain any illegal material, or (without
appropriate irrevocable licenses) any trademarks, copyright protected
work, or other property of third parties.
[D] The level must prominently identify at least in every online description
and with reasonable duration on an opening screen
(1) the name and email address of the level's creators, and
(2) the words "THIS LEVEL IS NOT MADE BY OR SUPPORTED BY PINBALL
WIZARDS".
[E] The level and any use of it must be offered solely for free (other than
any incidental online charges).
[F] By distributing or permitting the distribution of any New Level, all
owners of any trademark, copyright or other right, title or interest
therein (to the extent different from the Game as originally distributed
by the Company) grant back to the Company an irrevocable royalty free
right to distribute the level.
[G] The distributor of any New Level or Level Editor must be authorized to
distribute the Game itself (either in writing, or by being within a
category where no writing is needed under this LICENSE.DOC).
[4] TERM: Unless terminated for cause, grants by the Company under this
LICENSE.DOC terminate 30 days after receipt of written notice, or such
longer period as the notice may provide. Sections [2], [6], and [7]
survive termination.
[5] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If the Company provides a physically defective copy of the Game, the Company will replace it upon prompt submission of the defective one. THE GAME IS OTHERWISE 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 the Company would be irreparably damaged if certain sections were
not specifically enforced, the Company 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 the
Company may have.
[B] You will indemnify and hold the Company, our partners, affiliates,
contractors, employees and agents harmless from damage, loss and expense
arising directly or indirectly from your acts and omissions in copying,
distributing or modifying the Game or any New Level.
[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 Dallas, Texas, and to service by certified mail, return receipt
requested, or as otherwise permitted by law.
[D] Except as explicitly permitted herein, you will not modify the Game.
Except to the extent, if any, applicable law may require otherwise, you
will not decompile, disassemble, or reverse engineer the Game, or use or
disclose any confidential information that it contains.
This version of the license.doc supercedes any previous versions of said
document relating to the Game. (This Game specifically, and not other titles
