VENDOR.TXT for "CHICKENS" Copyright © 1995-98 RockSolid Software Copyright © 1998 Xtreme Games LLC Xtreme Games LLC P.O. Box 641744 San Jose, CA 95164-1744 Phone: 408.945.9495 E-Mail: legal@xgames3d.com Web Site: http://www.xgames3d.com BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU INDICATE YOUR AGREEMENT TO THE TERMS OF THIS VENDOR.TXT. ===================== KEY POINTS ===================== [*] If you want to distribute it in a retail location (such as on a rack), or as part of a hardware or software bundle, or on CD-ROM you must get PRIOR signed written permission from Xtreme Games LLC. Xtreme Games LLC reserves its right to withhold permission. [*] Everyone can -- and is encouraged! -- to copy, upload and generally pass around this Program without charging for it. [*] If you want to distribute it as provided in this VENDOR.TXT by catalog, advertisement, BBS, on-line service, or direct mail, no written permission is needed. However, Xtreme Games LLC recommends that you contact us at necron@inow.com and inquire about the latest version. [*] All advertising of the Program must include "Xtreme Games LLC" in the description. [*] The Program is marked "Shareware" and contains. No right is given by this VENDOR.TXT to copy, use or distribute any other version, including any version that is registered, or not marked shareware. ====================== LICENSE ====================== [1] DEFINITIONS: "Program" means "CHICKENS" and its related files, including this one. The "Trademarks" consists of "Xtreme Games LLC", "CHICKENS". [2] OWNERSHIP: Except to the extent expressly licensed, Xtreme Games LLC owns and reserves the exclusive right to distribute the Program, and to use the Trademarks in connection with it. Its content, layout and format are the property of Xtreme Games LLC to the extent permitted by law. [3] GRANT AND CONDITIONS: Xtreme Games LLC grants a non-exclusive license to distribute the Program on IBM compatible media under the Trademarks subject to the following conditions: [A] CONDITIONS FOR ALL DISTRIBUTION [1] All of the Program's files, including this one, as released by us must be included without modification. [2] No copyright or trademark information may be removed. [3] You must not: [a] distribute any version of the Program with unauthorized changes, such as additional or different levels. [b] characterize such versions as an "add-on" or "extension" of any Xtreme Games LLC product. [c] distribute any unauthorized third party utility designed to alter any "CHICKENS" in any way. [B] ADDITIONAL CONDITIONS IF YOU CHARGE: If your distribution involves a disk or other physical medium, you must also: [1] Clearly market the Program as shareware, which requires (among other things) using "try before you buy" or similar words on packaging for the Programs. [2] Include "Xtreme Games LLC". [3] Include the your name, address and phone number on the packaging and in any added documentation. This can be imprinted on the package or may be in the form of a label affixed to the box, carton or folder. [4] Any description of the Program included in a re-sellers catalog, sales brochure, on special packaging or handouts, must include "A Xtreme Games LLC Game". [5] Distribute copies only after the programs on newly created master diskettes have been thoroughly tested. [6] Try to sell only the most current version of the Program. [C] ADDITIONAL CONDITIONS FOR BUNDLES, CD-ROMS, AND RACKS: If you wish to distribute in a retail location (such as on a rack), or as part of a hardware or software bundle, or on CD-ROM, you must get PRIOR signed written permission from Xtreme Games LLC, which is in Xtreme Games LLC's discretion and may be subject to royalty or other conditions. [4] TERM: Unless terminated for cause, your grants under this VENDOR.TXT terminate 30 days after you receive written notice, or such longer period as the notice may provide. Following such termination, you may distribute the Program only until the earlier of 60 days after the termination date in the notice, or distribution of the copies you have in stock. Sections [2], [5], and [6] survive termination. [5] LIMITED WARRANTY AND LIMITATION OF REMEDIES: THIS PROGRAM IS 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] 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, including from any installation routine that you may add. [B] With respect to every matter arising under this, you consent to the exclusive jurisdiction and venue of the state and federal courts sitting in San Jose, California, and to service by certified mail, return receipt requested, or as otherwise permitted by law. [C] You will not modify, reverse compile, disassemble, or reverse engineer the Program, or use or disclose any confidential information that it contains.