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Software of the Month Club 1994 December
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license.doc
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1993-03-21
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Epic MegaGames
LICENSING AGREEMENT
This file, LICENSE.DOC, describes the only terms by which Epic MegaGames
permits the Commercial Distribution of this program throughout the world.
"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 "KEN'S LABYRINTH" 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. CURRENT VERSION: As from the March 21, 1993 all previous versions of
this program have been withdrawn from shareware. This version is the only
official release version, and it replaces any previous versions.
C. YOUR RESPONSIBILITIES: You may Commercially Distribute the Program under
this License so long as you:
[1] Market it as shareware using "try before you buy" or similar words,
to assure that your customers clearly understand the shareware concept.
[2] Sell only the most current version of it.
[3] Distribute the complete Program including all of its related files.
You may *not* modify or remove any files, including all program and
data files, and all documentation, including VENDOR.DOC, LICENSE.DOC,
ORDER.DOC, and CATALOG.EXE.
[4] Include the word "Epic MegaGames" in every description of the
Program used in your catalog or other promotional material.
[5] IF YOU DISTRIBUTE BY "RACK" or otherwise allow the Program
to be sold in a retail establishment:
[a] The word SHAREWARE and the full Shareware Concept must be
prominently displayed on the exterior of each Racked Package.
[b] 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.
[c] 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
an authorized Epic MegaGames agent.
[d] We require that you pay us a royalty of 10 cents per
copy sold after the first 100 (which may be sold
royalty-free). This royalty is payable quarterly.
[e] We reserve the right, in our discretion, to waive or
reduce the royalty in the cases of rack vendors who
voluntarily:
[i] Report customer comments regarding the Program,
including compliments, reports of bugs, and feature
requests; or
[ii] Promote the Program by advertisements or prominent
displays; or
[iii] Provide other proper services.
[6] SPECIAL UNITED KINGDOM REQUIREMENTS: To Commercially Distribute this
software in the UNITED KINGDOM, you must follow these additional terms:
[a] Obtain a Distribution Licence from the Epic MegaGames' United
Kingdom agent, PRECISION SOFTWARE PUBLISHING.
[b] Make distribution copies only from master copies received
directly from PRECISION SOFTWARE PUBLISHING using high
quality disks and duplication technology.
[c] Distribute the complete Program including ALL of its related
files, each in compressed or other format AS RELEASED BY
PRECISION SOFTWARE PUBLISHING.
[d] IF YOU DISTRIBUTE BY "RACK" or otherwise allow the Program
to be sold in a retail establishment, we require that you pay
PRECISION SOFTWARE PUBLISHING a royalty of 10 pence per copy
sold. This royalty takes the place of any royalties due directly
to Epic MegaGames. 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.
D. Your right to distribute under this license is personal, and
does not include any right to [1] sublicense 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.
E. 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.
F. TERM: This License 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 License.
G. MISCELLANY
[1] Since we would be irreparably damaged if Section A, B or
C[1]-C[6] of this License 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.
[3] With respect to every matter arising under this License, you
consent to the exclusive jurisdiction and venue of the state
and federal courts sitting in Potomac, Maryland, and to service
by certified mail, return receipt requested, or as otherwise
permitted by law.
Epic MegaGames can be contacted at:
Epic MegaGames
10406 Holbrook Drive
Potomac, MD 20854
Tel: (301) 983-9771
Fax: (301) 299-3841
Authorized Epic MegaGames Agents are:
In the United Kingdom:
Precision Software Publishing
3 Valley Court Offices,
Lower Road,
Croyden, Near Royston,
Herts. SG8 0HF U.K.
Tel: 0223-208288
Fax: 0223-208089