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LICENSE.DOC
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1996-02-15
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=============================================================================
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LICENSE.DOC
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=============================================================================
"OPERATION: CARNAGE"
Copyright 1995-96 Midnight Synergy, Canada
Published Worldwide by Beaucomm Interactive
POB 4169, Wenatchee, WA 98801 USA
(509) 662-3281
BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU INDICATE YOUR
AGREEMENT TO THE TERMS OF THIS LICENSE.DOC
=====================
KEY POINTS
=====================
[*] 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 Beaucomm. Beaucomm reserves its right to
withhold permission.
[*] Everyone can -- and is encouraged! -- to copy, upload and generally pass
around this Program without charging for it.
[*] If you want to distribute it as provided in this License.Doc by catalog
advertisement, BBS, on-line service, or direct mail, no written
permission is needed. Beaucomm highly recommends, however, that
distribution be made from a copy from Beaucomm or from one of its
authorized sources to prevent the sale of older versions.
[*] All advertising of the Program must include "Beaucomm Interactive" and
"Midnight Synergy" in the description.
[*] The Program is marked "Shareware" and contains only levels 1, 2 and 3.
No right is given by this License.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 levels 1 through 3.
======================
LICENSE
======================
[1] DEFINITIONS: "Program" means "Operation: Carnage" and its related files,
including this one. The "Trademarks" consists of "Beaucomm", any
Beaucomm logo, "Operation: Carnage" name, and any associated labels and
trademarks.
[2] OWNERSHIP: Except to the extent expressly licensed, Beaucomm 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
licensed property of Beaucomm to the extent permitted by law.
[3] GRANT AND CONDITIONS: Beaucomm 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:
CARNAGE.EXE : The executable for the game
SETUP.EXE : Configures your Soundboard and/or Joystick
CONFIG.DAT : Configuration File
HIGH.SCR : Highscore List
BACKUP.DAT : "Clean" backup copy of CONFIG.DAT
HIGH.SCR : "Clean" backup copy of HIGH.SCR
RESET.BAT : Restores the highscore list
README.1ST : An information file on the program
RESOURCE.X : X=1..7. Data
LICENSE.DOC : This File
[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 Beaucomm product; or
[c] distribute any unauthorized third party utility designed to
alter any Beaucomm 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 or demo, which requires
(among other things) using "try before you buy" or similar words
on packaging for the Programs.
[2] Include "Beaucomm Interactive" logo font on the front cover of the
package.
[3] Include 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 "A
Beaucomm Interactive Game", "Released by Beaucomm" or "Published
by Beaucomm".
[5] Distribute copies only after the programs on newly created master
diskettes have been thoroughly tested. Use high quality OEM
grade (usually 65 clip or higher) floppy media and duplication
technology.
[6] Try to sell only the most current version of the Program.
[7] Although Beaucomm 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.
[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 Beaucomm, which is at Beaucomm's discretion
and may be subject to royalty or other conditions.
[4] TERM: Unless terminated for cause, your grants under this LICENSE.DOC
will 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 Beaucomm provides a
physically defective copy of the Program, Beaucomm 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] MISCELLANEOUS
[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 Wenatchee, Washington, 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.
[E] This game may not be used in an Arcade, "pay for play" environment
without written permission from Beaucomm Interactive.
[7] We propably should add a lot more legal stuff but we're in deep enough
with our lawyers already...
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