PC/CD Gamer UK 13/PCGAMER13.bin/tvinst/vendor.doc

Text File | 1995-06-30 | 9.5 KB | 192 lines

"Terminal Velocity"
Copyright 1995 Terminal Velocity, Inc.  All rights reserved.
3D Realms Entertainment, P.O. Box 496419
Garland, TX 75049, TEL: [phone] ("3D Realms")

Hereafter, "Terminal Velocity" is referred as "Game".

BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE GAME, YOU
INDICATE YOUR AGREEMENT TO THE TERMS OF THIS vendor.doc.

=====================
KEY POINTS
=====================

[*] IMPORTANT!  IMPORTANT!  IMPORTANT!
    FormGen, Inc., Gold Medallion Software and any authorized affiliate, have
    a WORLDWIDE EXCLUSIVE LICENCE to sell the shareware version of the Game
    (any version) during the initial year of release, in a retail or
    commercial location. (The exclusive ends May 1, 1996.)  All entities who
    violate this license will be pursued and prosecuted by FormGen, Inc.

[*] AFTER MAY 1, 1996, YOU MAY ONLY SELL AND DISTRIBUTE THE GAME IN A
    COMMERCIAL LOCATION AFTER OBTAINING WRITTEN PERMISSION FROM 3D REALMS.
    3D Realms reserves its right to withhold permission.

[*] Everyone can -- and is encouraged! -- to copy, upload and generally pass
    around this Game without charging for it.

[*] If you want to distribute the Game as provided in this vendor.doc, either
    by catalog, advertisement, BBS, on-line service, or direct mail, no
    written permission is needed.  3D Realms highly recommends that
    distribution be made from an original copy from 3D Realms or from one of
    its authorized sources, such as our home BBS (Software Creations BBS:
    508-368-7036) to prevent the sale of older versions.

[*] All advertising of the Program must include "Apogee" in the description.

[*] The Game is marked "Shareware" and contains "episode one".  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, or that
    contains any episode other than #1.

======================
LICENSE
======================

[1] DEFINITIONS:  The "Trademarks" consists of the "3D Realms" logo, "Apogee",
    the Apogee "comet logo", and all trademarks associated with the Game and
    the copyright owner of the Game.

[2] OWNERSHIP: Except to the extent expressly licensed, 3D Realms owns and
    reserves the exclusive right to distribute the Game, and to use the
    Trademarks in connection with it.  Its content, layout and format are the
    property of 3D Realms to the extent permitted by law.

[3] GRANT AND CONDITIONS:  3D Realms grants a non-exclusive license to
    distribute the Game on IBM compatible media under the Trademarks subject
    to the following conditions:

 [A] CONDITIONS FOR ALL DISTRIBUTION

  [1] All of the Game's files, including this one, as released by 3D Realms
      must be included without modification.  The following files must always
      be included to constitute a legal version for shareware distribution:

      ■ aria     com         4,704 06-30-95   1:20p
      ■ commit   exe        25,702 06-30-95   1:20p
      ■ game     exe       620,459 06-30-95   1:20p
      ■ gf166    com         5,608 06-30-95   1:20p
      ■ gf1digi  adv         5,248 06-30-95   1:20p
      ■ gf1midi  adv        10,816 06-30-95   1:20p
      ■ nosound  com         3,280 06-30-95   1:20p
      ■ pas16    com         5,440 06-30-95   1:20p
      ■ paudio   com         5,376 06-30-95   1:20p
      ■ sb16     com         4,909 06-30-95   1:20p
      ■ sbclone  com         4,576 06-30-95   1:20p
      ■ sblaster com         4,560 06-30-95   1:20p
      ■ sbpro    com         4,704 06-30-95   1:20p
      ■ setd     des           170 06-30-95   1:20p
      ■ setd     exe        47,156 06-30-95   1:20p
      ■ setd     snd        47,616 06-30-95   1:20p
      ■ setup    exe        57,928 06-30-95   1:20p
      ■ share    pod     5,432,430 06-30-95   1:20p
      ■ startup  pod     3,390,588 06-30-95   1:20p
      ■ tri1     wav        15,849 06-30-95   1:20p
      ■ tri10    wav        15,959 06-30-95   1:20p
      ■ tri2     wav        13,024 06-30-95   1:20p
      ■ tri3     wav        15,636 06-30-95   1:20p
      ■ tri4     wav        25,005 06-30-95   1:20p
      ■ tri5     wav        14,829 06-30-95   1:20p
      ■ tri6     wav        17,828 06-30-95   1:20p
      ■ tri7     wav        28,974 06-30-95   1:20p
      ■ tri8     wav        21,269 06-30-95   1:20p
      ■ tri9     wav        24,137 06-30-95   1:20p
      ■ tv       exe        29,238 06-30-95   1:20p
      ■ tvhelp   exe        34,663 06-30-95   1:20p
      ■ ultramid exe        38,844 06-30-95   1:20p
      ■ ultramid ini         6,309 06-30-95   1:20p

      ■ catalog  exe        20,768  06-01-95  1:00p
      ■ order    frm         3,598  06-01-95  1:00p
      ■ swcbbs   exe         5,553  06-01-95  1:00p

      The final three files in this list (catalog.exe, order.frm, and
      swcbbs.exe) are periodically updated, and newer versions may be
      substituted for the versions listed here.

  [2] No copyright or trademark information may be removed.

  [3] You must not [a] distribute any version of the Game with unauthorized
      changes, such as additional or different levels, or changed characters
      or mazes; or [b] characterize such versions as an "add-on" or "extension"
      of any 3D Realms product; or [c] distribute any unauthorized third party
      utility designed to alter any this 3D Realms shareware game.

 [B] ADDITIONAL CONDITIONS IF YOU CHARGE:  If your distribution involves a disk
     or other physical medium, you must also:

  [1] Clearly market the Game as shareware, which requires (among other things)
      using "try before you buy" or similar words on packaging.

  [2] Include the "3D Realms" logo (we encourage use of the 4 color version)
      on the front cover of the package.

  [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 Game included in a re-sellers catalog, sales
      brochure, on special packaging or handouts, must include "A 3D Realms
      Game", "Released by 3D Realms" or "Published by 3D Realms" if the word
      count of the description is more than 14 words in length.

  [5] Must sell only the most current version of the Game.  (Contact 3D Realms
      at 214-278-5655 (tech support) for version info.

  [6] Although Apogee discourages the practice, you may add an installation
      routine if it does not interfere with the proper operation or
      installation of the Game.

  [7] Game updates, recommended descriptions and "screen shots" will be
      provided upon request, and are available in the re-seller / dealer
      conference of 3D Realms' Home BBS.

 [C] ADDITIONAL CONDITIONS FOR BUNDLES, CD-ROMS, AND RACKS: If uou wish to
     commercially distribute the Game in a retail location or as part of a
     hardware or software bundle, or on CD-ROM, you MUST get PRIOR signed
     written permission from 3D Realms, which is in 3D Realms' 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 Game 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: If 3D Realms provides a
    physically defective copy of the Game, 3D Realms will replace it upon
    submission of the defective one.  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.

[6] MISCELLANY

 [A] Since 3D Realms would be irreparably damaged if Section [3], [4] or [6][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 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, including from any installation routine that you may add.

 [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 it contains.

[V.05.30.95]