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Action Arcade 1997
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Action Arcade 1997.iso
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duke3d
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license.doc
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1997-01-01
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9KB
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179 lines
Episode One 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:
[*] Individuals can -- and are encouraged! -- to give away
copies of the Game without charge.
[*] 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) may make the Game
available for downloading.
*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 REQUIRES:
[*] WRITTEN PERMISSION (WHICH 3D REALMS MAY WITHHOLD IN ITS DISCRETION) AND
[*] PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY AGREED BENEFIT.
NOTE: FORMGEN, INC. OWNS THE EXCLUSIVE RIGHT TO COMMERCIALLY DISTRIBUTE
THIS SHAREWARE GAME UNTIL MARCH 1, 1997. PERMISSION TO COMMERCIALLY
DISTRIBUTE THIS 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.
[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) may
make 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] *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 REQUIRES WRITTEN PERMISSION (which 3D Realms may withhold in
its discretion) AND PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY AGREED
BENEFIT. Interested persons are invited to contact 3D Realms (proposals
welcome).
[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
published by 3D Realms or Apogee.)
[V.2.15.96]