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dealer.doc
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Wrap
Text File
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1993-04-05
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7KB
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146 lines
This DEALER.DOC describes the only terms by which we (PRECISION
SOFTWARE PUBLISHING. 3 VALLEY COURT OFFICES, LOWER ROAD, CROYDON Nr
ROYSTON HERTS. SG8 0HF Tel : 0223 208288 permit Commercial
Distribution of this Program throughout Europe, with the
exception of any other Country which is directly contracted to
Epic MegaGames.
"Commercially distribute" means to distribute for money or other
consideration. It includes copying onto magnetic disks, CD-Roms or any
other tangible medium now or subsequently known, and distribution
by retail rack, direct mail, catalog, advertisement, or trade show. It
does *not* include distribution by any not-for-profit organization,
by any hobby, user or computer interest group to its members, or
electronically by any BBS.
" Program " means this Version and its related files (
including this one ) distributed by us under the marks "SOLAR WINDS"
and " Epic MegaGames " (collectively, the "Trademark"),
as it may be upgraded or otherwise modified from time-to-time.
A. OWNERSHIP: Except to the extent expressly licensed by us, we have
and reserve the exclusive copyright and other right, title and
interest to distribute the Program and all earlier versions of it,
and the right to use the Trademark in connection with them.
B. THINGS YOU MUST DO : You may Commercially Distribute the
Program under this Licence so long as you:
[1] Obtain a Distribution Licence from the European Publishers,
Precision Software Publishing, on behalf of WASP. ( Worldwide
Association of Shareware Publishers ).
[2] Market it as shareware using the full 30 day
"try before you buy" concept.
[3] Sell only the most current version of it,
[4] Make distribution copies only from master copies received
directly from Precision Software Publishing using high
quality disks and duplication technology,
[4] Distribute the complete Program including ALL of its related
files, each in compressed or other format AS RELEASED BY
PRECISION SOFTWARE PUBLISHING.
[5] Include the words " Epic MegaGames " in every
description of the Program used in your catalog or other
promotional material.
[6] IF YOU DISTRIBUTE BY " RACK " or otherwise allow the Program
to be sold in a retail establishment:
[a] We require that you pay PRECISION SOFTWARE PUBLISHING a
royalty of 10 pence per copy sold. This will be done by
pre purchasing coded labels which are to be displayed
on any Rack Packs at all times. This royalty is to help
Police the Rack vending sector of the Market, and
ultimately protect the professional Companies from the
less professional ones.
[b] The word SHAREWARE and the full Shareware Concept must
be prominently displayed on the exterior of each Racked
Package.
[c] You must inform the Retailer that he will be
distributing Shareware Products and ** NOT ** 'Low Cost
Software '. You must also inform the Retailer of the
full Shareware Concept.
[d] Under NO circumstances can this program be added to
another to form part of a disk, or be used to form any
Compendium Pack or any other ' Special Offer Package '
without written permission being first obtained from
Precision Software Publishing.
[e] This program cannot be sold for any more than £3.00 plus
any reasonable packaging costs, to a MAXIMUM of £4.99.
C. Your right to distribute under this license is personal, and does
not include any right to [1] sublicence or otherwise cause any
copying or distribution of the Program by anyone else without our
consent in writing, or [2] rent or lease the Program, or [3] sell it
as part of any hardware or software package.
D. 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.
E. TERM: This Licence terminates upon 30 days prior written
notice by either us to the other. If terminated by us by such
notice, you may distribute the Program until the earlier of 30 days
after the termination date in the notice, or completion of the
distribution of the copies you have in stock. Sections A, D and F
will survive the termination of this Licence.
F. MISCELLANY
[1] Since we would be irreparably damaged if Section A, B or
C[1]-C[5] of this Licence 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.
[2] 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.
As from the 1st March 1993 all previous versions of this program have
been withdrawn from shareware. This version is the official release for
the UK and European market and replaces any previous version.
This Shareware program is supplied by Precision Software Publishing,
and may be distributed under licence only, with the exception of
private individuals who may give copies to their friends and
associates as long as no fee is charged or accepted.
Licences can be obtained directly from Precision Software Publishing.
( On Behalf of WASP ) 3 Valley Court Offices, Lower Road, Croydon
Nr Royston. Herts. SG8 0HF. Tel: 0223 - 208288, Fax: 0223 - 208089.
Under NO circumstances can anyone other than private individuals
distribute this program without a licence.
This program cannot be added to any CD ROM, DAT TAPE or the like
without the express written permission from Precision Software
Publishing, and special licence fee being paid.
Companies who wish to distribute this program by Rack Vending can
only do so after first obtaining a Distribution Licence.
NO FILES are to be removed from this program at any time. The
DEALER.DOC and the PSP.DOC must remain intact and unaltered at all
times.
Action may be taken against any Company or person contravening
any of the above.