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license.doc
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1993-02-01
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4KB
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89 lines
This VENDOR.DOC describes the only terms by which we (APOGEE
SOFTWARE PRODUCTIONS, P.O. Box 496389, Garland, TX 75049, (800)
426-3123)) permit Commercial Distribution of this Program.
"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 1.0 and its related files (including
this one) distributed by us under the marks "MAJOR STRYKER" 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 License 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
directly from us 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 us,
[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 us a royalty of 10 cents per
copy sold after the first 100 (which may be sold
royalty-free). This royalty is payable quarterly.
[B] We reserve the right, in our discretion, to waive or
reduce the royalty in the cases of rack vendors who
voluntarily:
[*] Report customer comments regarding the Program,
including compliments, reports of bugs, and feature
requests; or
[*] Promote the Program by advertisements or prominent
displays; or
[*] Provide other proper services.
C. Your right to distribute under this license is personal, and
does not include any right to [1] sublicense 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 License 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 License.
F. MISCELLANY
[1] Since we would be irreparably damaged if Section A, B or
C[1]-C[5] of this License 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.
[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 Dallas, Texas, and to service
by certified mail, return receipt requested, or as otherwise
permitted by law.
[V.01.20.93]