Shareware Episode of Astro3D, including all versions, patches and upgrades (the "Game") Copyright (c) 1997 Jarrod Davis Software 1600 Suwannee Street, PO Box 1285 Old Town, FL 32680-1285 (herein as "JDS") All worldwide rights reserved. BY COPYING, USING OR DISTRIBUTING THE GAME, YOU INDICATE YOUR AGREEMENT TO THIS LICENSE ================================== LICENSE =================================== [1] DEFINITIONS: The "Trademarks" consist of the "Jarrod Davis Software" and "JDS" words and logo, the name of the Game, game characters, and all other marks used by JDS in connection with the Game. Other trademarks used for description or comparison purposes are the property of their respective owners. [2] OWNERSHIP: Except to the extent expressly licensed, JDS 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 JDS to the extent permitted by law. [3] GRANT: JDS 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 JDS will be included without modification. [4] TERM: Unless terminated for cause, grants by JDS under this LICENSE.TXT terminate 30 days after receipt of written notice, or such longer period as the notice may provide. Sections [2], [5], and [6] survive termination. [5] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If JDS provides a physically defective copy of the Game, JDS 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 JDS would be irreparably damaged if Sections [2], [3], [4], or [6][D] were not specifically enforced, JDS 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 JDS may have. [B] You will indemnify and hold JDS, 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. [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 Cross City, FL, 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.TXT supersedes any previous versions of said document relating to the Game. (This Game specifically, and not other titles published by JDS) [V.10.01.97]