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=============================================================================
Epic MegaGames, Inc.
SOFTWARE LICENSE AGREEMENT
=============================================================================
This file, LICENSE.DOC, describes the terms and conditions by which Epic
MegaGames, Inc. ("Epic") will license other parties to distribute this
software program which is intended solely for distribution as "shareware"
(the "Program"). No use, reproduction or distribution of the Program, or
of copies of the Program, is authorized except in compliance with the terms
and conditions set forth below.
================================== NOTE ====================================
You may not distribute this program in any retail distribution channel
without explicit written permission from Epic MegaGames. See below for
details.
============================================================================
The Program is protected by copyright in the United States, as well as in
other countries pursuant to international treaties. Epic is the exclusive
worldwide licensor of the Program, and the copyrights and other proprietary
rights there in. The Program is intended solely for distribution as
"shareware" (i.e., "try-before-you-buy" software); it is NOT public domain
or free software or "freeware". Epic encourages distribution of the Program
in accordance with the provisions of this Software License Agreement. Any
use, copying or distribution of the Program, or of any copies or elements
thereof, that is not in compliance with the terms and conditions of this
Agreement is prohibited.
Limited Distribution License:
Epic authorizes distribution and/or copying of the Program only in
accordance with the following terms and conditions (the "General Terms and
Conditions") and with other terms and conditions set forth below that may
be applicable:
1. Epic MegaGames, Inc. shall be credited as the owner of the Program
in all distribution of the Program (which shall include, without
limitation, packaging, documentation, catalogs, program descriptions,
advertising, promotion and public relations).
2. The Program shall be identified by name and shall be expressly
identified as shareware (and not identified or described as "free
software", "public domain software", or the like) in all distribution.
3. The shareware concept shall be explained in reasonable detail in all
distribution (shareware is "try-before-you-buy" software, and the
price paid by users (if any) is a distribution charge only).
4. You may copy and/or distribute the Program only in its original,
unaltered form, with all files included unmodified, and without
making any additions, modifications or deletions except as provided
in this paragraph. You may not modify the Program or any of its
files, and the Program must be distributed as a complete package.
You may not change, delete, merge or rename any files or elements
of the Program in any manner, and you may not add any files or new
elements (except for installation routines which do not interfere with
the proper operation or installation of the Program).
5. You may not decompile, recompile, disassemble, reverse engineer,
adapt or create derivative works of the Program or any files or
elements thereof except with Epic's prior express written consent.
6. Since the Program is intended for distribution only as shareware, you
shall not charge any fee or other compensation for the Program,
although you may charge a distribution fee for costs associated with
distributing the Program. You are permitted, and encouraged, to
make and distribute copies of the Program to your friends, family
members and co-workers without charge, for your and their private
noncommercial use, in compliance with the terms and conditions
hereof.
7. In accordance with the "try-before-you-buy" philosophy behind the
shareware concept, Epic strongly discourages charging users or
recipients more than $9.00 (U.S.) for distribution of the Program (or
any elements thereof). If you charge more than $9.00 for
distribution of the Program or any elements thereof (inclusive of all
fees, costs, expenses and other charges, including without limitation
charges for copying, shipping, postage and handling, but not
including sales taxes), then you shall pay Epic a royalty equal to fifty
percent (50%) of the excess of such charges above $9.00 with respect
to each individual user or recipient. (By way of illustration and not
limitation, if you distribute the Program at a charge of $8.00 for
disks and $4.00 for shipping and handling (for a total of $12.00),
you shall pay Epic a royalty of $1.50 with respect to each user or
recipient.) In the event that such a royalty is payable to Epic, you
shall provide Epic with quarterly statements of account setting forth
the royalty owed in reasonable detail, accompanied by payment thereof;
and Epic or its designee shall have the right to inspect and audit your
books and records from time to time to verify the amounts of the
royalties due Epic hereunder.
8. You may not remove or alter any copyright or trademark information
on the Program, and you must take reasonable steps to protect the
copyrights, trademarks and other rights of Epic in the Program.
9. You recognize that your right to distribute the Program is
nonexclusive and that Epic can terminate the license granted to you
hereunder at any time for any reason upon written notice. Epic
reserves the right to withhold or withdraw permission to distribute
the Program from anyone at any time for any reason. The provisions
of paragraphs 4, 7, 13, 16, 17, 20, 21 and 22 hereof shall survive
any expiration or termination of this Agreement.
10. You shall take reasonable steps to ensure that the Program and any
other software, documentation and other materials distributed with
the Program are free from viruses.
11. This is the current version of the Program and all previous versions
of this Program have been withdrawn from distribution. You shall
use reasonable efforts to distribute only the latest version of the
Program. If you have a question about this, please contact Epic to
confirm what is the latest version (you can do this through Epic's
BBS on CompuServe, GO EPIC).
12. Your limited right to distribute under this Software License
Agreement is personal and does not include any right of sublicense.
13. You may not use, copy, modify, distribute or transfer the Program
or any element thereof in whole or in part, except as expressly
provided for herein.
14. You may not "rent" or "lease" the Program to anyone.
15. Any permission, consent or approval of Epic referred to herein may
be granted or withheld in Epic's sole discretion (and, unless
expressly granted in writing, shall be deemed to be withheld).
16. DISCLAIMER OF WARRANTY AND LIMITATION OF
LIABILITY:
THIS PROGRAM IS PROVIDED "AS IS". EPIC MEGAGAMES,
INC. MAKES NO WARRANTY OR REPRESENTATION OF ANY
KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO
THIS PROGRAM OR ANY FILES, DOCUMENTATION OR
ELEMENTS THEREOF OR RELATING THERETO OR ANY
MEDIUM THE PROGRAM MAY BE ON (INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
PURPOSE OR OF QUALITY OR PERFORMANCE).
SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE
STATE LAW, IN NO EVENT WILL EPIC MEGAGAMES, INC.
BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM
THE USE OF OR INABILITY TO USE THE PROGRAM OR ANY
FILES, DOCUMENTATION OR ELEMENTS THEREOF,
INCLUDING FROM NEGLIGENCE, STRICT LIABILITY, OR
BREACH OF WARRANTY OR CONTRACT, EVEN IF EPIC
MEGAGAMES, INC. IS ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN PARTICULAR, EPIC MEGAGAMES,
INC. IS NOT RESPONSIBLE FOR ANY COSTS OR EXPENSES,
INCLUDING BUT NOT LIMITED TO THOSE INCURRED AS A
RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF
COMPUTER PROGRAMS, LOSS OF DATA, THE COST OF A
SUBSTITUTE PROGRAM, OR CLAIMS BY THIRD PARTIES.
IN NO EVENT SHALL THE LIABILITY OF EPIC
MEGAGAMES, INC. FOR ANY DAMAGES EVER EXCEED
THE PRICE PAID FOR THE LICENSE TO USE THE PROGRAM,
REGARDLESS OF THE FORM OF CLAIM. THE USER OF THE
PROGRAM BEARS ALL RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM AND ALL OTHER RISKS
RELATING TO THE USE OF OR INABILITY TO USE THE
PROGRAM. BECAUSE SOFTWARE IS INHERENTLY
COMPLEX AND MAY NOT BE COMPLETELY FREE OF
ERRORS, ALL USERS ARE ADVISED TO VERIFY THEIR
WORK AND TO MAKE BACK-UP COPIES.
17. This Software License Agreement shall be governed by and
construed in accordance with the internal laws of the State of
Maryland applicable to agreements entered into and wholly to be
performed therein, without reference to conflicts of laws. It shall
inure to the benefit of Epic MegaGames, Inc. and its successors and
assigns. With respect to every matter arising under this Software
License Agreement, you consent to the jurisdiction and venue of the
state and federal courts located in Maryland, and to service by
certified mail, return receipt requested, or as otherwise permitted by
law.
18. Epic reserves the right to update the contents of the Program and/or
its associated files, documentation and/or other elements, at its
discretion from time to time, without the consent of, or any
obligation to, any licensed users or distributors.
19. All rights not expressly granted herein are reserved by Epic
MegaGames, Inc.
20. In the event of any violation of this Agreement or failure to comply
with any of the terms and conditions set forth herein, or any other
violation or infringement of any of Epic's rights, Epic shall have
available all rights and remedies at law and in equity. Without
limiting the foregoing, in the event of any such violation or failure
to comply, then in addition to its other rights and remedies, if Epic
so elects Epic shall have the right to seek damages of not less than
the full registration fee for the registered version of the software
program with the same name as the Program, with respect to each
copy of the Program distributed or copied and/or each user or
recipient to whom the Program was distributed. (By way of
illustration and not limitation, if the registration fee for the registered
version is $50.00 and distribution to 1,000 persons was made in
violation of this Agreement, then if Epic so elects Epic shall have the
right to seek damages of not less than $50,000 under the provisions
of this paragraph, in addition to its other rights and remedies at law
or in equity.)
21. You will hold Epic, its officers, directors, employees, contractors,
attorneys, and agents, harmless from and against any and all claims,
actions, damages, losses, liabilities, costs and expenses (including
reasonable attorney's fees) arising directly or indirectly from your
acts and omissions in copying and distributing the Program (including
without limitation from any installation routine that you may add).
22. If any provision of this Agreement is held to be void, invalid or
unenforceable, it will not affect the validity of the balance of this
Agreement, which shall remain valid and enforceable according to its
terms and conditions.
In addition to the above General Terms and Conditions, the following special
provisions apply to the types of distribution set forth below:
Distribution by BBS's and Online Services:
Epic allows and encourages bulletin board systems and online services to
distribute the Program by modem as long as the General Terms and
Conditions set forth above are complied with.
Distribution of the Program By Itself on Floppy Disk in non-retail
environment:
Shareware vendors may distribute the Program alone on one or more floppy
disk(s) as long as the General Terms and Conditions set forth above are
complied with, and provided that other than installation routines which do
not interfere with the proper operation or installation of the Program, no
other programs or files are included on the floppy disk(s) that contain this
Program (i.e., there is no bundling or multi-program disks or packs).
Distribution of the Program on CD-ROM's
Shareware vendors may not distribute this program on CD-Rom without
obtaining explicit written permission from Epic MegaGames, Inc.
Distribution in a Retail Environment:
Shareware vendors may not distribute this program in a retail
environment (in stores or otherwise) without obtaining explicit written
permission from Epic MegaGames, Inc.
Distribution via Subscriptions, "Disk-of-the-Month", Magazine "Cover
Disks" and "Cover CD's":
Any party wishing to distribute this Program via subscriptions, "disk-of-the-
month", magazine "cover disks" and/or "cover CD's" must obtain Epic's
written permission, in addition to complying with the General Terms and
Conditions set forth above and other applicable terms and conditions. Please
contact us and we'll be glad to consider granting permission to you in
appropriate cases.
Bundling with Hardware:
You may bundle this Program with new hardware (computers, sound cards,
etc.) as long as you comply with the General Terms and Conditions set forth
above, and as long as you provide the Program free of charge (i.e., at no
cost in addition to the hardware) to the purchaser when the hardware is
purchased.
We would appreciate it if you could let us know if you bundle the Program
with hardware. If you'd like more information about OEM and hardware
bundling opportunities, please contact us! We greatly appreciate the
opportunity to work with hardware manufacturers and resellers.
Other Distribution Opportunities:
Please contact us if you would like to distribute Epic shareware products in
a new and unique way. We are open to new opportunities, and we
appreciate new and unique forms of distribution as a way of reaching new
customers.
Thanks: We thank you for distributing Epic MegaGames shareware products
in accordance with the terms and conditions of this Agreement.
Epic MegaGames can be contacted at:
Epic MegaGames, Inc.
10406 Holbrook Drive
Potomac, MD 20854
Tel: +(301) 983-9771
Fax: +(301) 299-3841
In Europe, we can be contacted at:
Epic MegaGames UK
11 Baker Avenue
Potton
Beds SG19 2PJ
United Kingdom
Tel: +44 (0) 1767 260903
Fax: +44 (0) 1767 262043
Or in Germany:
Abteilung RMI (AA15)
Postfach 10 29 65
50469 KOLN
Germany
Tel: 0130 822495
Fax: 0130 822886