home *** CD-ROM | disk | FTP | other *** search
-
- VENDOR.DOC for "Astro3D"
-
- Copyright 1998 Xtreme Games LLC
- P.O. Box 641744
- San Jose, CA 95164-1744
-
- Phone: 408.945.9495
- E-Mail: support@xgames3d.com
- Web Site: http://www.xgames3d.com
-
- BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU
- INDICATE YOUR AGREEMENT TO THE TERMS OF THIS VENDOR.DOC.
-
- =====================
- KEY POINTS
- =====================
-
- [*] If you want to distribute it in a retail location (such as
- on a rack), or as part of a hardware or software bundle, or
- on CD-ROM you must get PRIOR signed written permission from
- Xtreme Games LLC. Xtreme Games LLC reserves its right to
- withhold permission.
-
- [*] Everyone can -- and is encouraged! -- to copy, upload and
- generally pass around this Program without charging for it.
-
- [*] If you want to distribute it as provided in this VENDOR.DOC
- by catalog, advertisement, BBS, on-line service, or direct
- mail, no written permission is needed. However, Xtreme Games LLC
- recommends that you contact us at support@xgames3d.com and inquire
- about the latest version.
-
- [*] All advertising of the Program must include "Xtreme Games LLC"
- in the description.
-
- [*] The Program is marked "Shareware" and contains.
- No right is given by this VENDOR.DOC to copy, use or
- distribute any other version, including any version that is
- registered, or not marked shareware.
-
- ======================
- LICENSE
- ======================
-
- [1] DEFINITIONS: "Program" means "ASTRO3D" and its
- related files, including this one. The "Trademarks" consists
- of "Xtreme Games LLC", "ASTRO3D".
-
- [2] OWNERSHIP: Except to the extent expressly licensed,
- Xtreme Games LLC owns and reserves the exclusive right to distribute
- the Program, and to use the Trademarks in connection
- with it. Its content, layout and format are the property of
- Xtreme Games LLC to the extent permitted by law.
-
- [3] GRANT AND CONDITIONS: Xtreme Games LLC grants a non-exclusive license
- to distribute the Program on IBM compatible media under the
- Trademarks subject to the following conditions:
-
- [A] CONDITIONS FOR ALL DISTRIBUTION
-
- [1] All of the Program's files, including this one, as
- released by us must be included without modification.
-
- [2] No copyright or trademark information may be removed.
-
- [3] You must not:
-
- [a] distribute any version of the Program with unauthorized
- changes, such as additional or different levels.
-
- [b] characterize such versions as an "add-on" or
- "extension" of any Xtreme Games LLC product.
-
- [c] distribute any unauthorized third party utility designed
- to alter any "ASTRO3D" in any way.
-
- [B] ADDITIONAL CONDITIONS IF YOU CHARGE: If your distribution
- involves a disk or other physical medium, you must also:
-
- [1] Clearly market the Program as shareware, which requires
- (among other things) using "try before you buy" or similar
- words on packaging for the Programs.
-
- [2] Include "Xtreme Games LLC".
-
- [3] Include the your name, address and phone number on the
- packaging and in any added documentation. This can be
- imprinted on the package or may be in the form of a label
- affixed to the box, carton or folder.
-
- [4] Any description of the Program included in a re-sellers
- catalog, sales brochure, on special packaging or handouts,
- must include "A Xtreme Games LLC Game".
-
- [5] Distribute copies only after the programs on newly created
- master diskettes have been thoroughly tested.
-
- [6] Try to sell only the most current version of the Program.
-
-
- [C] ADDITIONAL CONDITIONS FOR BUNDLES, CD-ROMS, AND RACKS: If
- you wish to distribute in a retail location (such as on a rack),
- or as part of a hardware or software bundle, or on CD-ROM, you
- must get PRIOR signed written permission from Xtreme Games LLC,
- which is in Xtreme Games LLC's discretion and may be subject to
- royalty or other conditions.
-
- [4] TERM: Unless terminated for cause, your grants under this
- VENDOR.DOC terminate 30 days after you receive written notice,
- or such longer period as the notice may provide. Following such
- termination, you may distribute the Program only until the
- earlier of 60 days after the termination date in the notice, or
- distribution of the copies you have in stock. Sections [2],
- [5], and [6] survive termination.
-
- [5] LIMITED WARRANTY AND LIMITATION OF REMEDIES:
-
- THIS PROGRAM 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.
-
- [6] MISCELLANY
-
-
- [A] 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, including from any installation
- routine that you may add.
-
- [B] With respect to every matter arising under this, you
- consent to the exclusive jurisdiction and venue of the state and
- federal courts sitting in San Jose, California, and to service by
- certified mail, return receipt requested, or as otherwise
- permitted by law.
-
- [C] You will not modify, reverse compile, disassemble, or
- reverse engineer the Program, or use or disclose any
- confidential information that it contains.
-