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chap07
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license.doc
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1994-03-07
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=============================================================================
Epic MegaGames
LICENSING AGREEMENT
=============================================================================
This file, LICENSE.DOC, describes the only terms by which Epic MegaGames
permits other parties to distribute this program throughout the world.
General terms:
1. Distribution by modem:
Epic MegaGames allows and encourages all bulletin board systems and online
services to distribute this game by modem as long as no files are altered
or removed. If a distribution fee is charged for this software, you must
additionally ensure that:
A. Epic MegaGames is credited as the publisher of the file.
B. The file is identified as shareware.
C. The shareware concept is explained adequately elsewhere online.
D. You charge less than $9 for downloading this shareware program.
2. Distribution of single programs by floppy disk:
Shareware vendors may distribute this program alone on a floppy disk if the
following conditions are met:
A. You explain the shareware concept and describe this program as shareware.
(Shareware is "try-before-you-buy" software, and the price paid by users
for shareware is a distribution charge only).
B. You credit Epic MegaGames as the publisher of this software in all
catalog descriptions and any other written descriptions.
C. You sell the software for less that $9, and only sell the most current
version of it.
D. If you want, you may include your own installation routines with
this program.
E. Other than installation routines, no other programs may be included on
the floppy disk that contains this program, i.e. no bundling or multi-
program diskettes.
F. No files are modified or deleted.
3. CD-Roms and multi-disk packs:
If you wish to commercially distribute this program on a CD-Rom or a pack of
several disks (through mail-order, wholesale, retail, or any other channels),
you need to follow these terms and conditions:
A. You explain the shareware concept and describe this program as shareware.
B. You credit Epic MegaGames as the publisher of this software in all
catalogs and program descriptions.
C. The entire CD-Rom or collection may contain no more than a total of 10
programs (not including installation routines and support utilities).
D. The CD-Rom may contain no more than 3 programs from Epic MegaGames (not
including installation routines and support utilities).
E. The front-cover packaging must contain the word "Shareware" in large type.
F. The name "Epic MegaGames", as well as the names of all Epic MegaGames
products included on the CD-Rom, must appear on the front-cover packaging
in large type.
G. No files may be modified or deleted.
H. You must send us a copy of the CD-Rom as soon as it has been manufactured.
Reasons for these conditions: We do appreciate CD-Rom distribution when it
is focused on bringing users a few great shareware products at a good price.
But the numerous 10,000-program CD's that are hitting the stores aren't
helping Epic authors and distributors achieve their goal of getting high-
quality distribution and registrations.
So, please don't include this software on a gigantic CD-Rom stuffed with
programs. But do consider doing a small, high-quality CD-Rom that focuses
on a few good products - that will bring in good sales for both you and us,
and that will make us all happy.
4. Any distribution in a retail environment:
Any party wishing to sell Epic MegaGames products in a retail
environment must meet all of the above conditions that apply, in addition
to the following:
A. The following must be included in large type on the front cover of all
packaging: The name "Epic MegaGames", the name of this program, and
the word "Shareware".
B. You must send us a copy of your packaging for every Epic MegaGames
program you distribute as soon as the packaging has been manufactured.
5. Bundling with hardware:
You may bundle Epic MegaGames shareware products with new hardware (computers,
sound cards, etc) as long as you don't modify or delete any program files, and
as long as you provide the shareware programs free of charge (i.e. at no
additional cost) to the user when the hardware is purchased.
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.
5. 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.
6. Violation of the agreement:
If you distribute this software in violation of the terms of this agreement,
you are liable to Epic MegaGames for damages of not less than $1 per copy
distributed or the registration fee, whichever is greater.
7. Other terms and conditions:
A. Trademarks: "Trademarks" refers to the name of this program and the
name Epic MegaGames, which are trademarks of Epic MegaGames.
B. Ownership: Except as expressly licensed by Epic MegaGames, we have and
reserve the exclusive copyright and all other rights, title and
interest to distribute this program, and to use Trademarks in
connection with them.
C. Current version: All previous versions of this program have been withdrawn
from shareware. This version replaces any previous versions.
D. Your right to distribute under this license is personal, and does not
include any right to sublicense the Program.
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 may be terminated by Epic MegaGames by giving a
30 day advance written notice.
G. 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 Potomac, Maryland, and to service
by certified mail, return receipt requested, or as otherwise
permitted by law.
8. Thanks: We thank you for distributing Epic MegaGames shareware products
in accordance with the terms of this agreement.
Epic MegaGames can be contacted at:
Epic MegaGames
10406 Holbrook Drive
Potomac, MD 20854
Tel: (301) 983-9771
Fax: (301) 299-3841
In Europe, you can contact Epic MegaGames UK. The address is listed
elsewhere in this package.
=============================================================================