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- FOR COMMERCIAL DISTRIBUTORS ONLY
-
- This VENDOR.DOC describes the only terms by which we, TED GRUBER
- SOFTWARE, P.O. Box 13408, Las Vegas, NV 89112, (702) 735-1980,
- permit Commercial Distribution of this Program.
-
- If you want to:
-
- [] Use it after a reasonable trial period, please see "ORDER.FRM".
-
- [] Sell it directly to the public in a store or other retail
- area ("Rack Vending"), please contact us for permission.
-
- [] Distribute it non-commercially, please see "POKER.DOC".
- Distribution is non-commercial if it is for free, or by any
- not-for-profit organization, or by hobby, user or computer
- interest group to its members, or by any BBS.
-
- By "Commercially distribute" we mean to distribute for gain on
- any medium now or subsequently known by any method other than by
- Rack Vending, including by direct mail, catalog or trade show.
-
- By "Program" we mean this Version 1.0 and its related files
- including this VENDOR.DOC, distributed by us under the Trademark
- "POKER GALORE", 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 copy and distribute the Program, and the right to
- use the Trademark "POKER GALORE" in connection with it.
-
- B. LICENSE: You are licensed to Commercially Distribute the
- Program so long as you [1] market it as shareware using "try
- before you buy" or similar words, [2] try to sell only the most
- current version of it, [3] make distribution copies only from
- master copies received from us using high quality disks and
- duplication technology, [4] include the words "Ted Gruber Soft-
- ware" in every description of the Program that you put in any
- catalog or other product promotion, and [5] distribute all of
- its files together in compressed or other format as released by
- us, except that you may add simple introductory or batch files
- so long as they do not interfere with or degrade the performance
- of the Program or any installation file it may contain.
-
- C. THINGS YOU GET: We will provide to you on request [1]
- descriptions of the Program's important features which you may
- include in catalogs or elsewhere, [2] descriptions of its
- hardware prerequisites.
-
- D. SOME THINGS YOU DON'T GET: Your right to distribute under
- this license is personal, and does not include any right to [1]
- sublicense or otherwise cause or permit others to copy or
- distribute the Program without our consent in writing, or [2]
- distribute it as part of any hardware or software package.
-
- E. DISTRIBUTION LICENSE FEE: Your rights under this license
- begin when you sign it and send it to us with $25. We reserve
- the right, in our discretion, to waive or reduce this require-
- ment for those who [1] have demonstrated extra efforts to market
- our other programs by, for example, reporting customer compli-
- ments, criticisms, reports of bugs, or feature requests or [2]
- already use the business practices described in Section [B].
-
- F. 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.
-
- G. TERM
-
- 1. This Agreement will terminate upon 30 days prior written
- notice by us to you, or by you to us. If we terminate it:
-
- [A] You may distribute copies of the Program following the
- termination date in the notice until the earlier of 30 days,
- or distribution of the copies you then have in stock;
-
- [B] We will refund your $25 license fee with our termina-
- tion notice if we terminate within the first year following
- the date you sign this license; and
-
- [C] We reserve the right to invite you to enter into a new
- commercial distribution agreement.
-
- 2. Sections A., F., G.1.[C] and H. will survive termination
- of this Agreement.
-
- H. MISCELLANY
-
- 1. Since we would be irreparably damaged if Sections A., B.,
- D. or G.1.[A] of this License were breached, we will be entitled
- without bond, other security or proof of damages, to appropriate
- equitable remedies with respect to such breaches, 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,
- distributing or adding introductory or installation files to 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 Las Vegas, Nevada.
- ACCEPTED AND AGREED:
-
- DISTRIBUTOR TED GRUBER SOFTWARE
-
- Bus. Name: ________________________ _______________________
- Your Name: ________________________ By:
- Title: ________________________ Title:
- Address: ________________________
- ________________________
- Telephone: ________________________
-
- Signature: ________________________
-
- Date: ________________________
-
- [ ] License fee enclosed: $25.00
- -------------------------------------------------------------
- PLEASE HELP US BY ANSWERING THE FOLLOWING OPTIONAL QUESTIONNAIRE:
-
- [1] Where did you get the shareware version of Poker Galore?
- ________________________________________
-
- [2] Approximately how many titles do you have in your shareware
- library? _______________________________
-
- [3] How are you planning to distribute Poker Galore?
- [ ] catalog [ ] retail rack [ ] direct disk sales [ ] CD-ROM
- [ ] other ______________________________
-
- [4] Are you currently distributing any other programs by Ted
- Gruber Software? [ ] Yes [ ] No
-
- [5] Do you distribute any X-rated GIFs or "adult" software as
- part of your shareware library? [ ] Yes [ ] No
-
- [6] Are you a member of any shareware organization?
- [ ] STAR [ ] ASP [ ] OSWAD [ ] ASAD [ ] Other _______________
-
- Thank you for your time reading this document and answering these
- questions!
-
-
- [Ver. 08.31.92]