DOS/V Power Report 1997 March/VPR9703A.ISO/P_AND_A/DUKE3DSW/LICENSE.DOC

Text File | 1996-03-02 | 10KB | 198 lines

Single-Level Promotional Edition of Duke Nukem 3D (tm),
including all versions, patches and upgrades (the "Game")
Copyright 1996 3D Realms Entertainment a division of Apogee Software, Ltd.
P.O. Box 496419, Garland, TX 75049
TEL: 1+214-271-2137 ("3D Realms").  All rights reserved.

BY COPYING, USING OR DISTRIBUTING THE GAME, YOU INDICATE YOUR
AGREEMENT TO THIS LICENSE

====== LIMITED DISTRIBUTION RIGHTS === KEY POINTS ==============
As provided in detail below:


[*]  This single-level promotional edition of Duke Nukem 3D (tm)
     may not be distributed domestically (North America) by any
     publication other than Computer Gaming World, a Ziff-Davis
     publication.  It is a promotional version, licensed for a single
     month's run, and may not be redistributed by any online service,
     BBS, commercial publisher, magazine or distributor.  International
     distribution rights are reserved.

[*]  Individuals are allowed to give away copies of the Game without
     charge by sharing the CD-ROM containing the Game with their
     friends.

[*]  You are encouraged to obtain the complete version of the Game if
     you enjoy this single-level limited edition.  The complete version
     of Duke Nukem 3D is available in retail stores, or by calling
     1-800-APOGEE1.

[*]  Online services (including BBSs, and WWW and FTP sites) are
     encouraged to make the Shareware version (not this single-level
     promotional edition) of Duke Nukem 3D available, according to the
     license/limited distribution rights found in that version of the
     Game.


*ALL* OTHER DISTRIBUTION, including by other online services such as America
Online, CompuServe, Prodigy, Microsoft Network, Ziff-Net, and similar online
services (except for authorized 3D Realms online support sections), and by
CD-ROM, shareware catalog, or retail rack IS PROHIBITED.

NOTE:  FORMGEN, INC. OWNS THE EXCLUSIVE RIGHT TO COMMERCIALLY DISTRIBUTE
       THIS SINGLE-LEVEL PROMOTIONAL EDITION OF THE GAME AS WELL AS THE
       SHAREWARE VERSION OF THE GAME UNTIL MARCH 1, 1997.  PERMISSION TO
       COMMERCIALLY DISTRIBUTE THE SHAREWARE VERSION OF THE GAME CAN NOT
       BE GRANTED DURING THIS TIME.

DISTRIBUTION OTHERWISE IS PROHIBITED BY LAW AND INFRINGES RIGHTS OF 3D REALMS.
Claims against violators will be pursued.

======================= LICENSE ============================
[1]  DEFINITIONS: The "Trademarks" consist of the "3D Realms" words and logo,
     "Apogee" words and logo, the name of the Game, game characters, and all
     other marks used by 3D Realms 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, 3D Realms 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 3D Realms to the extent permitted by law.

[3]  GRANT: 3D Realms 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.  The game must be installed
     from the promotional CD-ROM it is licensed to appear on.  Back-ups
     and sharing of diskettes in prohibited.  You are encouraged to
     acquire the Shareware version of Duke Nukem 3D, with 5 complete
     levels and a hidden one, and are permitted to distribute
     the Shareware version according to the license/limited distribution
     rights found in that version of the Game.

 [B] ONLINE SERVICES (including BBSs, and WWW and FTP sites) that are free
     (except for any subscription fees or incidental Internet access charges),
     and BBSs with 250 or fewer nodes (regardless of any charges to
     users) are PROHIBITED from making the Game available for downloading.

 [C] 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 3D Realms will be included without modification (except for
     "New Levels" as permitted below by this license).  The files at a minimum
     include:

          commit   exe        25,782  02-20-96  1:10p
          defs     con        23,682  02-20-96  1:10p
          demo1    dmo         8,370  02-20-96  1:10p
          demo2    dmo         5,385  02-20-96  1:10p
          demo3    dmo        13,940  02-20-96  1:10p
          dn3dhelp exe        69,427  02-20-96  1:10p
          duke     rts       188,954  02-20-96  1:10p
          duke3d   exe     1,076,339  02-20-96  1:10p
          duke3d   grp    10,442,980  02-20-96  1:10p
          game     con        71,320  02-20-96  1:10p
          license  doc         9,182  02-20-96  1:10p
          modem    pck         4,176  02-20-96  1:10p
          readme   doc         3,178  02-20-96  1:10p
          setmain  exe        74,142  02-20-96  1:10p
          setup    exe        27,153  02-20-96  1:10p
          ultramid ini         6,897  02-20-96  1:10p
          user     con        33,407  02-20-96  1:10p

          catalog  exe        27,032  01-29-96  1:00p
          order    frm         3,866  01-29-96  1:00p
          swcbbs   exe         4,960  01-29-96  1:00p

The final three files (catalog.exe, order.frm, & swcbbs.exe) are
periodically updated, and newer versions may be used.

[D]  International distribution can be negotiated with FormGen, Inc.
     at 1+602-443-4109 until March 1st, 1997, or with 3D Realms at any
     time.   *ALL* other distribution, including by lease, rental,
     online service (other than a fewer than 250 node BBS) that charges
     for online access time, online service providing multiplayer use,
     CD-ROM, catalog, and retail rack IS PROHIBITED.

[4]  NEW LEVELS.

     "New Levels" are data that modify or substitute for Game data, thus
     modifying or replacing one or more Game levels.  Creating or distributing
     a New Level or a software tool that has no substantial purpose other than
     to contribute to the creation of a New Level infringes rights of 3D Realms
     and is prohibited by law except as permitted by 3D Realms.  3D REALMS
     PERMITS NEW LEVELS ONLY THAT MEET ALL OF THE FOLLOWING CONDITIONS:

 [A] The Level must only work with a RETAIL episode of the Game. It must NOT
     work with this Episode One.

 [B] The level must not contain modifications to any COM, EXE, or DLL, or to
     other executable file.

 [C] The level must not contain any illegal or indecent material, or (without
     appropriate irrevocable licenses) any trademarks, copyright protected
     work, or other property of third parties.

 [D] The level must prominently identify at least in every online description
     and with reasonable duration on an opening screen
     (1) the name and email address of the level's creators, and
     (2) the words "THIS LEVEL IS NOT MADE BY OR SUPPORTED BY 3D REALMS".

 [E] The level and any use of it must be offered solely for free (other than
     any incidental online charges).

 [F] By distributing or permitting the distribution of any New Level, all
     owners of any trademark, copyright or other right, title or interest
     therein (to the extent different from the Game as originally distributed
     by 3D Realms) grant back to 3D Realms an irrevocable royalty free right
     to distribute the level.

[5]  TERM: Unless terminated for cause, grants by 3D Realms under this
     LICENSE.DOC terminate 30 days after receipt of written notice, or such
     longer period as the notice may provide.  Sections [2], [6], and [7]
     survive termination.

[6]  LIMITED WARRANTY AND LIMITATION OF REMEDIES: If 3D Realms provides a
     physically defective copy of the Game, 3D Realms 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.

[7]  MISCELLANY

 [A] Since we (3D Realms) would be irreparably damaged if Sections [2], [3],
     [4], or [7][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 indemnify and hold us, 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 or any New Level.

 [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] 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.doc superceedes any previous versions of said
document relating to the Game.  (This Game specifically, and not other titles
or versions of Duke Nukem 3D published by 3D Realms or Apogee.)

[V.PE.3.1.96]