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LICENSE.DOC
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1996-04-26
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9KB
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175 lines
Episode One of Xenophage: Alien Bloodsport
including all versions, patches and upgrades (the "Game")
Copyright 1996 Argo Games
Under Exclusive License to Apogee Software, Ltd.
P.O. Box 496489, Garland, TX 75049
TEL: 1+214-271-2137 ("Apogee"). All rights reserved.
BY COPYING, USING OR DISTRIBUTING THE GAME, YOU INDICATE YOUR AGREEMENT TO
THIS LICENSE
====== LIMITED DISTRIBUTION RIGHTS === KEY POINTS ==============
As provided in detail below:
[*] Individuals can -- and are encouraged! -- to give away copies of the Game
without charge.
[*] Online services (including BBSs, and WWW and FTP sites) that
are free (except for any subscription fees or incidental
Internet access charges), and BBSs with 250 or fewer nodes
(regardless of any charges to users) may make the Game
available for downloading.
[*] WRITTEN PERMISSION (WHICH APOGEE MAY WITHHOLD IN ITS DISCRETION) AND
[*] PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY AGREED BENEFIT.
NOTE: COMMERCIAL DISTRIBUTION OF THIS GAME ON EITHER CD-ROM OR DISKETTE IS
PROHIBITED WITHOUT WRITTEN PERMISSION OF APOGEE SOFTWARE.
DISTRIBUTION OTHERWISE IS PROHIBITED BY LAW AND INFRINGES RIGHTS OF APOGEE.
Claims against violators will be pursued.
======================= LICENSE ============================
[1] DEFINITIONS: The "Trademarks" consist of the "3D Realms" words and logo,
"Apogee" words and logo, the name of the Game, game characters, and all
other marks used by Apogee in connection with the Game. Other
trademarks used for description or comparison purposes are the property of
their respective owners.
[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, non-transferable, royalty-free
license to distribute the Game only as follows:
[A] INDIVIDUALS are encouraged to share and give copies of the Game to
friends, family, coworkers, and members of any not-for-profit
organization, but only without charge.
[B] ONLINE SERVICES (including BBSs, and WWW and FTP sites) that are free
(except for any subscription fees or incidental Internet access charges),
and BBSs with 250 or fewer nodes (regardless of any charges to users) may
make the Game available for downloading.
[C] These grants are subject to the conditions that no copyright information
or trademark will be added or removed, and all of the Game's files as
released by Apogee will be included without modification (except for
"New Levels" as permitted below by this license). The files at a minimum
include:
■ chars xps 72,840 04-26-96 1:00p
■ cinem xps 694,516 04-26-96 1:00p
■ fight xps 2,605,032 04-26-96 1:00p
■ fuzzy xps 265,814 04-26-96 1:00p
■ graph xps 3,111,760 04-26-96 1:00p
■ license doc 8,844 04-26-96 1:00p
■ setup bat 486 04-26-96 1:00p
■ sound xps 2,299,772 04-26-96 1:00p
■ xphelp exe 38,941 04-26-96 1:00p
■ xps bat 123 04-26-96 1:00p
■ xps ini 1,759 04-26-96 1:00p
■ xpsorig ini 1,759 04-26-96 1:00p
■ xpsx exe 887,703 04-26-96 1:00p
■ catalog exe 27,032 05-01-96 1:00p
■ order frm 3,866 05-01-96 1:00p
■ dealers exe 17,901 05-01-96 1:00p
■ swcbbs exe 4,960 05-01-96 1:00p
The final four files (catalog.exe, order.frm, swcbbs.exe, & dealers.exe) are
periodically updated, and newer versions may be used if available.
[D] *ALL* other distribution, including by lease, rental, online service
(other than a fewer than 250 node BBS) that charges for online access
time, online service providing multiplayer use, CD-ROM, catalog, and
retail rack REQUIRES WRITTEN PERMISSION (which Apogee may withhold in
its discretion) AND PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY AGREED
BENEFIT. Interested persons are invited to contact Apogee (proposals
welcome).
[4] NEW LEVELS.
"New Levels" are data that modify or substitute for Game data, thus
modifying or replacing one or more Game levels. Creating or distributing
a New Level or a software tool that has no substantial purpose other than
to contribute to the creation of a New Level infringes rights of Apogee
and is prohibited by law except as permitted by Apogee. APOGEE PERMITS
NEW LEVELS ONLY THAT MEET ALL OF THE FOLLOWING CONDITIONS:
[A] The Level must only work with a RETAIL episode of the Game. It must NOT
work with this Episode One.
[B] The level must not contain modifications to any COM, EXE, or DLL, or to
other executable file.
[C] The level must not contain any illegal or indecent material, or (without
appropriate irrevocable licenses) any trademarks, copyright protected
work, or other property of third parties.
[D] The level must prominently identify at least in every online description
and with reasonable duration on an opening screen
(1) the name and email address of the level's creators, and
(2) the words "THIS LEVEL IS NOT MADE BY OR SUPPORTED BY APOGEE".
[E] The level and any use of it must be offered solely for free (other than
any incidental online charges).
[F] By distributing or permitting the distribution of any New Level, all
owners of any trademark, copyright or other right, title or interest
therein (to the extent different from the Game as originally distributed
by Apogee) grant back to Apogee an irrevocable royalty free right
to distribute the level.
[G] The distributor of any New Level or Level Editor must be authorized to
distribute the Game itself (either in writing, or by being within a
category where no writing is needed under this LICENSE.DOC).
[5] TERM: Unless terminated for cause, grants by Apogee under this
LICENSE.DOC terminate 30 days after receipt of written notice, or such
longer period as the notice may provide. Sections [2], [6], and [7]
survive termination.
[6] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If Apogee provides a
physically defective copy of the Game, Apogee will replace it upon
prompt submission of the defective one. THE GAME IS OTHERWISE 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.
[7] MISCELLANY
[A] Since we (Apogee) would be irreparably damaged if Sections [2], [3],
[4], 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,
distributing or modifying the Game or any New Level.
[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] Except as explicitly permitted herein, you will not modify the Game.
Except to the extent, if any, applicable law may require otherwise, you
will not decompile, disassemble, or reverse engineer the Game, or use or
disclose any confidential information that it contains.
This version of the license.doc superceedes any previous versions of said
document relating to the Game. (This Game specifically, and not other titles
published by 3D Realms or Apogee.)
[V.4.17.96]