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- This file, LICENSE.TXT, describes the terms and conditions by which POW
- Productions ("POW") will license other parties to distribute this software
- program which is intended solely for distribution as "shareware" (the
- "Program"). No use, reproduction or distribution of the Program, or of
- copies of the Program, is authorized except in compliance with the terms
- and conditions set forth below.
-
- The Program is protected by copyright in the United Kingdom, as well as in
- other countries pursuant to international treaties. POW is the exclusive
- worldwide licensor of the Program, and the copyrights and other
- proprietary rights there in. The Program is intended solely for
- distribution as "shareware" (i.e., "try-before-you-buy" software); it is
- NOT public domain or free software or "freeware". POW encourages
- distribution of the Program in accordance with the provisions of this
- Software License Agreement. Any use, copying or distribution of the
- Program, or of any copies or elements thereof, that is not in compliance
- with the terms and conditions of this Agreement is prohibited.
-
- Limited Distribution License:
-
- POW authorizes distribution and/or copying of the Program only in
- accordance with the following terms and conditions (the "General Terms and
- Conditions") and with other terms and conditions set forth below that may
- be applicable:
-
- 1. POW Productions shall be credited as the owner of the Program
- in all distribution of the Program (which shall include, without
- limitation, packaging, documentation, catalogs, program descriptions,
- advertising, promotion and public relations).
-
- 2. The Program shall be identified by name and shall be expressly
- identified as shareware (and not identified or described as "free
- software", "public domain software", or the like) in all
- distribution.
-
- 3. The shareware concept shall be explained in reasonable detail in all
- distribution (shareware is "try-before-you-buy" software, and the
- price paid by users (if any) is a distribution charge only).
-
- 4. You may copy and/or distribute the Program only in its original,
- unaltered form, with all files included unmodified, and without
- making any additions, modifications or deletions except as provided
- in this paragraph. You may not modify the Program or any of its
- files, and the Program must be distributed as a complete package. You
- may not change, delete, merge or rename any files or elements of the
- Program in any manner, and you may not add any files or new elements
- (except for installation routines which do not interfere with the
- proper operation or installation of the Program).
-
- 5. You may not decompile, recompile, disassemble, reverse engineer,
- adapt or create derivative works of the Program or any files or
- elements thereof except with POW's prior express written consent.
-
- 6. Since the Program is intended for distribution only as shareware, you
- shall not charge any fee or other compensation for the Program,
- although you may charge a distribution fee for costs associated with
- distributing the Program. You are permitted, and encouraged, to make
- and distribute copies of the Program to your friends, family members
- and co-workers without charge, for your and their private
- noncommercial use, in compliance with the terms and conditions
- hereof.
-
- 7. In accordance with the "try-before-you-buy" philosophy behind the
- shareware concept, POW strongly discourages charging users or
- recipients more than $7.00 (U.S.) for distribution of the Program (or
- any elements thereof). If you charge more than $7.00 for
- distribution of the Program or any elements thereof (inclusive of all
- fees, costs, expenses and other charges, including without limitation
- charges for copying, shipping, postage and handling, but not
- including sales taxes), then you shall pay POW a royalty equal to
- fifty percent (50%) of the excess of such charges above $7.00 with
- respect to each individual user or recipient. (By way of
- illustration and not limitation, if you distribute the Program at a
- charge of $8.00 for disks and $4.00 for shipping and handling (for a
- total of $12.00), you shall pay POW a royalty of $2.50 with respect
- to each user or recipient.) In the event that such a royalty is
- payable to POW, you shall provide POW with quarterly statements of
- account setting forth the royalty owed in reasonable detail,
- accompanied by payment thereof; and POW or its designee shall have
- the right to inspect and audit your books and records from time to
- time to verify the amounts of the royalties due POW hereunder.
-
- 8. You may not remove or alter any copyright or trademark information
- on the Program, and you must take reasonable steps to protect the
- copyrights, trademarks and other rights of POW in the Program.
-
- 9. You recognize that your right to distribute the Program is
- nonexclusive and that POW can terminate the license granted to you
- hereunder at any time for any reason upon written notice. POW
- reserves the right to withhold or withdraw permission to distribute
- the Program from anyone at any time for any reason. The provisions
- of paragraphs 4, 7, 13, 16, 17, 20, 21 and 22 hereof shall survive
- any expiration or termination of this Agreement.
-
- 10. You shall take reasonable steps to ensure that the Program and any
- other software, documentation and other materials distributed with
- the Program are free from viruses.
-
- 11. This is the current version of the Program and all previous versions
- of this Program have been withdrawn from distribution. You shall use
- reasonable efforts to distribute only the latest version of the
- Program. If you have a question about this, please contact POW to
- confirm what is the latest version (you can do this through POW's
- website on the Internet,
- http://kublai.pacificrim.net/~solaris/powhome/
-
- 12. Your limited right to distribute under this Software License
- Agreement is personal and does not include any right of sublicense.
-
- 13. You may not use, copy, modify, distribute or transfer the Program
- or any element thereof in whole or in part, except as expressly
- provided for herein.
-
- 14. You may not "rent" or "lease" the Program to anyone.
-
- 15. Any permission, consent or approval of POW referred to herein may
- be granted or withheld in POW's sole discretion (and, unless
- expressly granted in writing, shall be deemed to be withheld).
-
- 16. DISCLAIMER OF WARRANTY AND LIMITATION OF
- LIABILITY:
-
- THIS PROGRAM IS PROVIDED "AS IS". POW PRODUCTIONS,
- MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND,
- EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS
- PROGRAM OR ANY FILES, DOCUMENTATION OR ELEMENTS
- THEREOF OR RELATING THERETO OR ANY MEDIUM THE
- PROGRAM MAY BE ON (INCLUDING, WITHOUT LIMITATION,
- ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
- PARTICULAR PURPOSE OR OF QUALITY OR PERFORMANCE).
-
- SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE
- LAW, IN NO EVENT WILL POW PRODUCTIONS BE LIABLE
- FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
- CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM
- THE USE OF OR INABILITY TO USE THE PROGRAM OR ANY
- FILES, DOCUMENTATION OR ELEMENTS THEREOF,
- INCLUDING FROM NEGLIGENCE, STRICT LIABILITY, OR
- BREACH OF WARRANTY OR CONTRACT, EVEN IF POW
- PRODUCTIONS IS ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. IN PARTICULAR, POW PRODUCTIONS IS NOT
- RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING
- BUT NOT LIMITED TO THOSE INCURRED AS A RESULT OF
- LOST PROFITS OR REVENUE, LOSS OF USE OF COMPUTER
- PROGRAMS, LOSS OF DATA, THE COST OF A SUBSTITUTE
- PROGRAM, OR CLAIMS BY THIRD PARTIES.
- IN NO EVENT SHALL THE LIABILITY OF POW PRODUCTIONS
- FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE
- LICENSE TO USE THE PROGRAM, REGARDLESS OF THE FORM
- OF CLAIM. THE USER OF THE PROGRAM BEARS ALL RISK
- AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
- AND ALL OTHER RISKS RELATING TO THE USE OF OR
- INABILITY TO USE THE PROGRAM. BECAUSE SOFTWARE IS
- INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY FREE
- OF ERRORS, ALL USERS ARE ADVISED TO VERIFY THEIR
- WORK AND TO MAKE BACK-UP COPIES.
-
- 17. This Software License Agreement shall be governed by and
- construed in accordance with the internal laws of the United
- Kingdom applicable to agreements entered into and wholly
- to be performed therein, without reference to conflicts of
- laws. It shall inure to the benefit of Pow Productions and its
- successors and assigns. With respect to every matter arising
- under this Software License Agreement, you consent to the
- jurisdiction and venue of the courts located in the United
- Kingdom, and to service by registered mail, return receipt
- requested, or as otherwise permitted by law.
-
- 18. POW reserves the right to update the contents of the Program and/or
- its associated files, documentation and/or other elements, at its
- discretion from time to time, without the consent of, or any
- obligation to, any licensed users or distributors.
-
- 19. All rights not expressly granted herein are reserved by Pow
- Productions.
-
- 20. In the event of any violation of this Agreement or failure to comply
- with any of the terms and conditions set forth herein, or any other
- violation or infringement of any of POW's rights, POW shall have
- available all rights and remedies at law and in equity. Without
- limiting the foregoing, in the event of any such violation or failure
- to comply, then in addition to its other rights and remedies, if POW
- so elects POW shall have the right to seek damages of not less than
- the full registration fee for the registered version of the software
- program with the same name as the Program, with respect to each copy
- of the Program distributed or copied and/or each user or recipient to
- whom the Program was distributed. (By way of illustration and not
- limitation, if the registration fee for the registered version is
- $50.00 and distribution to 1,000 persons was made in violation of
- this Agreement, then if POW so elects POW shall have the right to
- seek damages of not less than $50,000 under the provisions of this
- paragraph, in addition to its other rights and remedies at law or in
- equity.)
-
- 21. You will hold POW, its officers, directors, employees, contractors,
- attorneys, and agents, harmless from and against any and all claims,
- actions, damages, losses, liabilities, costs and expenses (including
- reasonable attorney's fees) arising directly or indirectly from your
- acts and omissions in copying and distributing the Program (including
- without limitation from any installation routine that you may add).
-
- 22. If any provision of this Agreement is held to be void, invalid or
- unenforceable, it will not affect the validity of the balance of this
- Agreement, which shall remain valid and enforceable according to its
- terms and conditions.
-
-
- In addition to the above General Terms and Conditions, the following
- special provisions apply to the types of distribution set forth below:
-
- Distribution by BBS's and Online Services:
-
- POW allows and encourages bulletin board systems and online services to
- distribute the Program by modem as long as the General Terms and
- Conditions set forth above are complied with.
-
- Distribution of the Program By Itself on Floppy Disk in non-retail
- environment:
-
- Shareware vendors may distribute the Program alone on one or more floppy
- disk(s) as long as the General Terms and Conditions set forth above are
- complied with, and provided that other than installation routines which do
- not interfere with the proper operation or installation of the Program, no
- other programs or files are included on the floppy disk(s) that contain
- this Program (i.e., there is no bundling or multi-program disks or packs).
-
- Distribution of the Program on CD-ROM's
-
- Shareware vendors may not distribute this program on CD-Rom without
- obtaining explicit written permission from POW Productions.
-
- Distribution in a Retail Environment:
-
- Shareware vendors may not distribute this program in a retail
- environment (in stores or otherwise) without obtaining explicit written
- permission from POW Productions.
-
- Distribution via Subscriptions, "Disk-of-the-Month", Magazine "Cover
- Disks" and "Cover CD's":
-
- Any party wishing to distribute this Program via subscriptions,
- "disk-of-the- month", magazine "cover disks" and/or "cover CD's" must
- obtain POW's written permission, in addition to complying with the General
- Terms and Conditions set forth above and other applicable terms and
- conditions. Please contact us and we'll be glad to consider granting
- permission to you in appropriate cases.
-
- Bundling with Hardware:
-
- You may bundle this Program with new hardware (computers, sound cards,
- etc.) as long as you comply with the General Terms and Conditions set
- forth above, and as long as you provide the Program free of charge (i.e.,
- at no cost in addition to the hardware) to the purchaser when the hardware
- is purchased.
-
- We would appreciate it if you could let us know if you bundle the Program
- with hardware. If you'd like more information about OEM and hardware
- bundling opportunities, please contact us! We greatly appreciate the
- opportunity to work with hardware manufacturers and resellers.
-
- Other Distribution Opportunities:
-
- Please contact us if you would like to distribute POW shareware products
- in a new and unique way. We are open to new opportunities, and we
- appreciate new and unique forms of distribution as a way of reaching new
- customers.
-
- Thanks: We thank you for distributing POW Productions shareware products
- in accordance with the terms and conditions of this Agreement.
-
- See POWBALL.TXT for contact information.
-
- August 24, 1996
-