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LICENSE.TXT
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1997-10-14
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4KB
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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]