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Revista CD Expert 10
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bknight
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VENDOR.DOC
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1995-11-20
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7KB
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152 lines
BLACK KNIGHT: Marine Strike Fighter SE
Copyright 1995 SE Software & and FormGen Inc.
7641 E. Gray Rd., Scottsdale, AZ 85260, TEL: 602-443-4109
BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU INDICATE
YOUR AGREEMENT TO THE TERMS OF THIS VENDOR AGREEMENT.
===============
YOU SHOULD KNOW
===============
[*] Everyone can -- and is encouraged! -- to copy, upload and generally
pass around this Program without charging for it.
[*] 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 FormGen. FormGen
reserves its right to withhold permission.
[*] If you want to distribute it as provided in this agreement by catalog,
advertisement, BBS, on-line service, or direct mail, no written
permission is needed. FormGen strongly recommends, however, that
distribution be made from a copy from FormGen or from one of its
authorized sources to prevent the sale of older versions.
[*] All advertising of the Program must include "FormGen" in the
description.
[*] All references to the program must be as "BLACK KNIGHT: Marine Strike
Fighter SE", and must mention that it contains "5 combat scenarios".
No right is given by this agreement to copy, use or distribute any
other version, including any version that is registered, or not marked
shareware, or that contains any scenarios other than the 5 origional
scenarios.
=======
LICENSE
=======
[1] DEFINITIONS: "Program" means Black Knight and its related files,
including this one. The "Trademarks" consists of "FormGen", the
"FormGen Incorporated" logo, "SE Software" and "Black Knight".
[2] OWNERSHIP: Except to the extent expressly licensed, FormGen 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 FormGen to the extent permitted by law.
[3] GRANT AND CONDITIONS: FormGen grants a non-exclusive license to
distribute the Program on PC-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
FormGen 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 scenarios,
modified or different aircraft, terrain or targets; or
[b] characterize such versions as an "add-on" or "extension" of
any FormGen product; or [c] distribute any unauthorized third
party utility designed to alter any FormGen game, game level,
game episode or saved game.
[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 the "FormGen Incorporated" logo (we encourage use of the
4 color version) on the front cover of the package.
[3] Include 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 FormGen Game", "Released by FormGen" or "Published by FormGen"
if the word count of the description is more than 14 words in
length.
[5] Distribute copies only after the programs on newly created master
diskettes have been thoroughly tested. Always use high quality
media and duplication technology.
[6] Try to sell only the most current version of the Program.
[7] Although FormGen discourages the practice, you may add an
installation routine if it does not interfere with the
proper operation or installation of the Program.
[8] Program updates, recommended descriptions and "screen shots" will
be provided upon request.
[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
written permission from FormGen, which is at FormGen's discretion
and may be subject to royalty or other conditions.
[4] TERM: Unless terminated for cause, your grants under this agreement
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 at the time of termination. Sections [2], [5], and [6] survive
termination.
[5] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If FormGen provides a
physically defective copy of the Program, FormGen will replace it upon
submission of the defective one. Aside from this, the 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] Since we 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, 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.
[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 Scottsdale, Arizona, 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 Program, or use or disclose any confidential information that it
contains.
[V.10.23.95]