home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
The Best of Select: Games 9
/
CD_1.iso
/
dosgames
/
xenopha
/
vendor.doc
< prev
next >
Wrap
Text File
|
1995-12-28
|
8KB
|
160 lines
Episode One of XENOPHAGE: ALIEN BLOODSPORT-tm (the "Game")
Public Beta Version 0.99
Copyright 1996 Argo Games
Published by Apogee Software, Ltd.,
P.O. Box 496389, Garland, TX 75049,
http://www.apogee1.com ("Apogee"). All rights reserved.
*** IMPORTANT NOTE: This is a Public Beta Version, which may not be
distributed under any condition whatsoever past the date of Feb. 15, 1996. ***
BY COPYING, USING, OR DISTRIBUTING THIS GAME, YOU INDICATE YOUR AGREEMENT TO
THIS LICENSE.
===================== KEY POINTS =====================
[*] As provided below, INDIVIDUALS can -- and are encouraged! -- to give away
copies of the Game without charge, but not beyond the date of Febuary
15, 1996. (After this date please acquire shareware version 1.0.)
[*] As provided below, and except for authorized Apogee online support
sections (such as those on AOL and CIS), ONLINE SERVICES INCLUDING BBSs
whose charges are based on online access time may make the Game available
for downloading beginning June 1, 1996 BUT NOT BEFORE. Other such
services may make the Game available for downloading at any time.
*ALL* OTHER DISTRIBUTION WITHOUT WRITTEN PERMISSION (WHICH Apogee MAY WITHHOLD
IN ITS DISCRETION) IS PROHIBITED BY LAW AND INFRINGES RIGHTS OF APOGEE.
Violators will be prosecuted. This requirement in particular applies to
distribution by CD-ROM or any software bundle, by shareware vendor (whether by
catalog, rack, mail order, or otherwise), and for any commercial multiplayer
use. Persons interested in such written permission and its terms are invited
to contact Apogee.
====================== LICENSE ======================
[1] DEFINITIONS: The "Trademarks" consist of the "Apogee" words
and logo, "Argo Games" words and logo, the name of the Game, and
all other marks used in connection with the Game.
[2] OWNERSHIP: Except to the extent expressly licensed, Apogee 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 Apogee to the extent
permitted by law.
[3] GRANT: Apogee grants a non-exclusive license to distribute the
Game under the Trademarks only to the following parties:
[A] INDIVIDUALS: Individuals are encouraged to share and give
copies of the Game to friends, family, co-workers, and members
of any not-for-profit organization, but only without charge, and
without putting the Game on any online service whose charges are
based on online access time.
[B] ONLINE SERVICES:
[1] Online services and BBSs that are free, or whose charges are not based
on online access time may make the Game available for downloading, but
not beyond the date of Feb. 15, 1996.
[2] Online services (including CompuServe, America Online, Prodigy,
Microsoft Network, AT&T Interchange, Ziff-Net, GEnie, Delphi, bulletin
board systems, world wide web sites, and FTP sites) whose charges are
based on online access time may not make the Game available for
downloading. However, a new version of the Game (Version 1.0) will
allow for distribution by such online services, given conditions to be
stated within that version's VENDOR.DOC.
[4] CONDITIONS FOR ALL DISTRIBUTION. In all permitted distribution of the Game:
[A] All of the Game's files as released by Apogee must be
included without modification (except for any modification
permitted by [5]). These at a minimum include:
■ chars xps 60,652 12-29-95 12:01a
■ cinem xps 694,516 12-29-95 12:01a
■ fuzzy xps 116,890 12-29-95 12:01a
■ graph xps 6,380,467 12-29-95 12:01a
■ setup bat 486 12-29-95 12:01a
■ sound xps 1,942,996 12-29-95 12:01a
■ xphelp exe 38,233 12-29-95 12:01a
■ xps bat 123 12-29-95 12:01a
■ xps ini 1,731 12-29-95 12:01a
■ xpsorig ini 1,731 12-29-95 12:01a
■ xpsx exe 883,943 12-29-95 12:01a
■ vendor doc 8,230 12-29-95 12:01a
■ catalog exe 77,999 01-01-96 00:00a
■ order frm 5,911 01-01-96 00:00a
■ dealers exe 18,059 01-01-96 00:00a
■ swcbbs exe 4,960 01-01-96 00:00a
The final four files (catalog.exe, order.frm, dealers.exe, swcbbs.exe)
are occasionally updated. Newer versions of these 4 files may be used.
[B] No copyright or trademark information may be added or removed.
[5] NEW LEVELS. Apogee does not discourage distribution of unauthorized Game
levels subject to the following conditions:
[A] The level may contain additions to or other modifications to game data,
but must not contain any modifications to any COM, EXE, or DLL, or other
executable file.
[B] The level must not contain any illegal or scandalous material, or
(without appropriate irrevocable licenses) any trademarks, copyright
protected work, or other property of third parties.
[C] The level must prominently identify (to any player of the level, and in
any online description, and other appropriate places) the name and
address of its creators, and the fact the level has not been reviewed
or authorized by Apogee.
[D] The level and any use of it must be offered solely for free (other than
any incidental online charges).
[E] By distributing or permitting the distribution of any level, all owners
of any trademark, copyright or other right, title or interest therein
(to the extent it is different from the Game as originally distributed
by Apogee) grant back to Apogee an irrevocable royalty free right to
distribute the level.
[6] TERM: Unless terminated for cause, grants under this LICENSE.DOC terminate
30 days after receipt of written notice, or such longer period as the
notice may provide. Sections [2], [7], and [8] survive termination.
[7] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If Apogee provides a
physically defective copy of the Game, Apogee will replace it upon
submission of the defective one within a reasonable time. Aside from this,
THE GAME IS 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.
[8] MISCELLANY
[A] Since Apogee would be irreparably damaged if Section [2], [3], [4], [5],
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 and
distributing the Game.
[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] You will not modify, reverse compile, disassemble, or reverse engineer
the Game, or use or disclose any confidential information that