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VENDOR.DOC
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1994-07-15
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8KB
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175 lines
"MYSTIC TOWERS"
Copyright 1994 ANIMATION FX
Licensed for exclusive distribution to APOGEE SOFTWARE
P.O. Box 496389, Garland, TX 75049, TEL: 214-271-2137 ("Apogee")
BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU
INDICATE YOUR AGREEMENT TO THE TERMS OF THIS vendor.doc.
=====================
KEY POINTS
=====================
[*] Everyone can -- and is encouraged! -- to copy, upload and
generally pass around this Program without charging for it.
[*] 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
Apogee. Apogee reserves its right to withhold permission.
[*] If you want to distribute it as provided in this Vendor.doc
by catalog, advertisement, BBS, on-line service, or direct
mail, no written permission is needed. Apogee highly
recommends, however, that distribution be made from a copy
from Apogee or from one of its authorized sources, such as
our home BBS (Software Creations BBS: 508-365-2359) to
prevent the sale of older versions.
[*] All advertising of the Program must include "Apogee" in the
description.
[*] The Program is marked "Shareware" and contains "episode #1".
No right is given by this Vendor.Doc to copy, use or
distribute any other version, including any version that is
registered, or not marked shareware, or that contains any
episode other than #1.
======================
LICENSE
======================
[1] DEFINITIONS: "Program" means Mystic Towers and its related files,
including this one. The "Trademarks" consists of "Apogee", the
Apogee "comet logo", and "Mystic Towers".
[2] OWNERSHIP: Except to the extent expressly licensed,
Apogee 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
Apogee to the extent permitted by law.
[3] GRANT AND CONDITIONS: Apogee 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.
The following files must always be included to
constitute a legal version for shareware distribution:
■ towers exe 102,400 07-15-94 1:10p
■ swmystus dat 2,281,633 07-15-94 1:10p
■ mt-help exe 16,273 07-15-94 1:10p
■ catalog exe 64,080 07-15-94 12:00a
■ order frm 5,913 07-15-94 12:00a
■ dealers exe 8,932 07-15-94 12:00a
■ swcbbs exe 5,635 07-15-94 12:00a
The final 4 files in this list (catalog.exe, order.frm,
dealers.exe, and swcbbs.exe) are periodically updated, and newer
versions may be substituted for the versions listed here.
[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, or changed characters or mazes; or
[b] characterize such versions as an "add-on" or
"extension" of any Apogee product; or [c] distribute any
unauthorized third party utility designed to alter any
Apogee game, game level, game episode or saved game.
[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 "Apogee" and the "comet" logo (we encourage use of
the 4 color version) on the front cover of the package.
[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 "An Apogee Game", "Released by Apogee" or
"Published by Apogee" if the word count of the description
is more than 14 words in length.
[5] Distribute copies only after the programs on newly created
master diskettes have been thoroughly tested. Always use
high quality media and duplication technology.
[6] Try to sell only the most current version of the Program.
[7] Although Apogee discourages the practice, you may add an
installation routine if it does not interfere with the
proper operation or installation of the Program.
[8] Program updates, recommended descriptions and "screen
shots" will be provided upon request, and are available in
the re-seller / dealer conference of Apogee's main BBS.
[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 Apogee, which is
in Apogee's discretion and may be subject to royalty or other
conditions.
[4] TERM: Unless terminated for cause, your grants under this
VENDOR.DOC 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: If Apogee
provides a physically defective copy of the Program, Apogee will
replace it upon submission of the defective one. Aside from
this, the 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] Since we would be irreparably damaged if Section [3], [4]
or [6][D] were not specifically enforced, we 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 we may have.
[B] 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.
[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] You will not modify, reverse compile, disassemble, or
reverse engineer the Program, or use or disclose any
confidential information that it contains.
[V.07.15.94]