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- This VENDOR.DOC describes the only terms by which we (PRECISION
- SOFTWARE PUBLISHING. 3 VALLEY COURT OFFICES, LOWER ROAD, CROYDON Nr
- ROYSTON HERTS. SG8 0HF Tel : 0223 208288 permit Commercial
- Distribution of this Program throughout Europe, with the
- exception of any other Country which is directly contracted to
- Apogee.
-
- "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 "COSMO'S COSMIC
- ADVENTURES " and " Apogee " (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. THINGS YOU MUST DO : You may Commercially Distribute the
- Program under this Licence so long as you:
-
- [1] Obtain a Distribution Licence from the European Publishers,
- Precision Software Publishing.
-
- [2] Market it as shareware using the full 30 day
- "try before you buy" concept.
-
- [3] Sell only the most current version of it,
-
- [4] Make distribution copies only from master copies received
- directly from Precision Software Publishing using high
- quality disks and duplication technology,
-
- [4] Distribute the complete Program including ALL of its related
- files, each in compressed or other format AS RELEASED BY
- PRECISION SOFTWARE PUBLISHING.
-
- [5] Include the word " Apogee " in every
- description of the Program used in your catalog or other
- promotional material.
-
- [6] IF YOU DISTRIBUTE BY " RACK " or otherwise allow the Program
- to be sold in a retail establishment:
-
- [a] We require that you pay PRECISION SOFTWARE PUBLISHING a
- royalty of 10 pence per copy sold. 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.
-
- [b] The word SHAREWARE and the full Shareware Concept must
- be prominently displayed on the exterior of each Racked
- Package.
-
- [c] 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.
-
- [d] 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
- Precision Software Publishing.
-
- [e] This program cannot be sold for any more than £3.00 plus
- any reasonable packaging costs, to a MAXIMUM of £4.99.
-
- C. Your right to distribute under this license is personal, and does
- not include any right to [1] sublicence 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, or [3] sell it
- as part of any hardware or software package.
-
- D. 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.
-
- E. TERM: This Licence 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 Licence.
-
- F. MISCELLANY
-
- [1] Since we would be irreparably damaged if Section A, B or
- C[1]-C[5] of this Licence 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.
-
-
- As from the 1st March 1993 all previous versions of this program have
- been withdrawn from shareware. This version is the official release for
- the UK and European market and replaces any previous version.
-
- This Shareware program is supplied by Precision Software Publishing,
- and may be distributed under licence only, with the exception of
- private individuals who may give copies to their friends and
- associates as long as no fee is charged or accepted.
-
- Licences can be obtained directly from Precision Software Publishing. 3
- Valley Court Offices, Lower Road, Croydon Nr Royston. Herts. SG8 0HF.
- Tel: 0223 - 208288, Fax: 0223 - 208089.
-
- Under NO circumstances can anyone other than private individuals
- distribute this program without a licence.
-
- This program cannot be added to any CD ROM, DAT TAPE or the like
- without the express written permission from Precision Software
- Publishing, and special licence fee being paid.
-
-
- Companies who wish to distribute this program by Rack Vending can
- only do so after first obtaining a Distribution Licence.
-
- NO FILES are to be removed from this program at any time. The
- VENDOR.DOC and the PSP.DOC must remain intact and unaltered at all
- times.
-
- Action may be taken against any Company or person contravening
- any of the above.
-