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- ******************************************************************************
- Arrowhead Interactive
- SOFTWARE LICENSE AGREEMENT
-
- ******************************************************************************
-
-
-
- This file, LICENSE.DOC, describes the terms and conditions by which Arrowhead
- Interactive ("Arrowhead") will license other parties to distribute this
- software program which is intended solely for distribution as "shareware"
- (the "Program"). No use, reproduction or distribution of the Program, or
- of copies of the Program, is authorized except in compliance with the terms
- and conditions set forth below.
-
- ================================= NOTE ===================================
- You may not distribute this program on CD-ROM or in any retail distribution
- channel without explicit written permission from Arrowhead Interactive. See
- below for details.
- ==========================================================================
-
- The Program is protected by copyright in the United States, as well as in
- other countries pursuant to international treaties. Arrowhead is the exclusive
- worldwide licensor of the Program, and the copyrights and other proprietary
- rights there in. The Program is intended solely for distribution as
- "shareware" (i.e., "try-before-you-buy" software); it is NOT public domain
- or free software or "freeware". Arrowhead encourages distribution of the
- Program in accordance with the provisions of this Software License Agreement.
- Any use, copying or distribution of the Program, or of any copies or elements
- thereof, that is not in compliance with the terms and conditions of this
- Agreement is prohibited.
-
- Limited Distribution License:
-
- Arrowhead authorizes distribution and/or copying of the Program only in
- accordance with the following terms and conditions (the "General Terms and
- Conditions") and with other terms and conditions set forth below that may
- be applicable:
-
- 1. Arrowhead Interactive shall be credited as the owner of the Program
- in all distribution of the Program (which shall include, without
- limitation, packaging, documentation, catalogs, program descriptions,
- advertising, promotion and public relations).
-
- 2. The Program shall be identified by name and shall be expressly
- identified as shareware (and not identified or described as "free
- software", "public domain software", or the like) in all distribution.
-
- 3. The shareware concept shall be explained in reasonable detail in all
- distribution (shareware is "try-before-you-buy" software, and the
- price paid by users (if any) is a distribution charge only).
-
- 4. You may copy and/or distribute the Program only in its original,
- unaltered form, with all files included unmodified, and without
- making any additions, modifications or deletions except as provided
- in this paragraph. You may not modify the Program or any of its
- files, and the Program must be distributed as a complete package.
- You may not change, delete, merge or rename any files or elements
- of the Program in any manner, and you may not add any files or new
- elements (except for installation routines which do not interfere with
- the proper operation or installation of the Program).
-
- 5. You may not decompile, recompile, disassemble, reverse engineer,
- adapt or create derivative works of the Program or any files or
- elements thereof except with Arrowheads's prior express written consent.
-
- 6. Since the Program is intended for distribution only as shareware, you
- shall not charge any fee or other compensation for the Program,
- although you may charge a distribution fee for costs associated with
- distributing the Program. You are permitted, and encouraged, to
- make and distribute copies of the Program to your friends, family
- members and co-workers without charge, for your and their private
- noncommercial use, in compliance with the terms and conditions
- hereof.
-
- 7. In accordance with the "try-before-you-buy" philosophy behind the
- shareware concept, Arrowhead strongly discourages charging users or
- recipients more than $6.00 (U.S.) for distribution of the Program (or
- any elements thereof). If you charge more than $6.00 for
- distribution of the Program or any elements thereof (inclusive of all
- fees, costs, expenses and other charges, including without limitation
- charges for copying, shipping, postage and handling, but not including
- sales taxes), then you shall pay Arrowhead a royalty equal to fifty
- percent (50%) of the excess of such charges above $6.00 with respect
- to each individual user or recipient. (By way of illustration and not
- limitation, if you distribute the Program at a charge of $6.00 for
- disks and $4.00 for shipping and handling (for a total of $10.00),
- you shall pay Arrowhead a royalty of $2.00 with respect to each user or
- recipient.) In the event that such a royalty is payable to Arrowhead,
- you shall provide Arrowhead with quarterly statements of account setting
- forth the royalty owed in reasonable detail, accompanied by payment
- thereof; and Arrowhead or its designee shall have the right to inspect and
- audit your books and records from time to time to verify the amounts of the
- royalties due Arrowhead hereunder.
-
- 8. You may not remove or alter any copyright or trademark information
- on the Program, and you must take reasonable steps to protect the
- copyrights, trademarks and other rights of Arrowhead in the Program.
-
- 9. You recognize that your right to distribute the Program is
- nonexclusive and that Arrowhead can terminate the license granted to you
- hereunder at any time for any reason upon written notice. Arrowhead
- reserves the right to withhold or withdraw permission to distribute
- the Program from anyone at any time for any reason. The provisions
- of paragraphs 4, 7, 13, 16, 17, 20, 21 and 22 hereof shall survive
- any expiration or termination of this Agreement.
-
- 10. You shall take reasonable steps to ensure that the Program and any
- other software, documentation and other materials distributed with
- the Program are free from viruses.
-
- 11. This is the current version of the Program and all previous versions
- of this Program have been withdrawn from distribution. You shall
- use reasonable efforts to distribute only the latest version of the
- Program. If you have a question about this, please contact Arrowhead to
- confirm what is the latest version (currently found at
- http://www.door.net/arrowhead).
-
- 12. Your limited right to distribute under this Software License
- Agreement is personal and does not include any right of sublicense.
-
- 13. You may not use, copy, modify, distribute or transfer the Program
- or any element thereof in whole or in part, except as expressly
- provided for herein.
-
- 14. You may not "rent" or "lease" the Program to anyone.
-
- 15. Any permission, consent or approval of Arrowhead referred to herein may
- be granted or withheld in Arrowhead's sole discretion (and, unless
- expressly granted in writing, shall be deemed to be withheld).
-
- 16. DISCLAIMER OF WARRANTY AND LIMITATION OF
- LIABILITY:
-
- THIS PROGRAM IS PROVIDED "AS IS". ARROWHEAD INTERACTIVE,
- MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND,
- EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS
- PROGRAM OR ANY FILES, DOCUMENTATION OR ELEMENTS
- THEREOF OR RELATING THERETO OR ANY MEDIUM THE
- PROGRAM MAY BE ON (INCLUDING, WITHOUT LIMITATION,
- ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A
- PARTICULAR PURPOSE OR OF QUALITY OR PERFORMANCE).
-
- SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE
- STATE LAW, IN NO EVENT WILL ARROWHEAD INTERACTIVE BE
- LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL,
- CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM
- THE USE OF OR INABILITY TO USE THE PROGRAM OR ANY
- FILES, DOCUMENTATION OR ELEMENTS THEREOF,
- INCLUDING FROM NEGLIGENCE, STRICT LIABILITY, OR
- BREACH OF WARRANTY OR CONTRACT, EVEN IF ARROWHEAD
- INTERACTIVE IS ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. IN PARTICULAR, ARROWHEAD INTERACTIVE IS NOT
- RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING
- BUT NOT LIMITED TO THOSE INCURRED AS A RESULT OF
- LOST PROFITS OR REVENUE, LOSS OF USE OF COMPUTER
- PROGRAMS, LOSS OF DATA, THE COST OF A SUBSTITUTE
- PROGRAM, OR CLAIMS BY THIRD PARTIES.
- IN NO EVENT SHALL THE LIABILITY OF ARROWHEAD INTERACTIVE
- FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE
- LICENSE TO USE THE PROGRAM, REGARDLESS OF THE FORM
- OF CLAIM. THE USER OF THE PROGRAM BEARS ALL RISK
- AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM
- AND ALL OTHER RISKS RELATING TO THE USE OF OR
- INABILITY TO USE THE PROGRAM. BECAUSE SOFTWARE IS
- INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY FREE
- OF ERRORS, ALL USERS ARE ADVISED TO VERIFY THEIR
- WORK AND TO MAKE BACK-UP COPIES.
-
- 17. This Software License Agreement shall be governed by and
- construed in accordance with the internal laws of the State
- of Maryland applicable to agreements entered into and wholly
- to be performed therein, without reference to conflicts of
- laws. It shall inure to the benefit of Arrowhead Interactive and its
- successors and assigns. With respect to every matter arising
- under this Software License Agreement, you consent to the
- jurisdiction and venue of the state and federal courts located
- in Maryland, and to service by certified mail, return receipt
- requested, or as otherwise permitted by law.
-
- 18. Arrowhead reserves the right to update the contents of the Program and/or
- its associated files, documentation and/or other elements, at its
- discretion from time to time, without the consent of, or any
- obligation to, any licensed users or distributors.
-
- 19. All rights not expressly granted herein are reserved by Arrowhead
- Interactive.
-
- 20. In the event of any violation of this Agreement or failure to comply
- with any of the terms and conditions set forth herein, or any other
- violation or infringement of any of Arrowhead's rights, Arrowhead shall have
- available all rights and remedies at law and in equity. Without
- limiting the foregoing, in the event of any such violation or failure
- to comply, then in addition to its other rights and remedies, if Arrowhead
- so elects Arrowhead shall have the right to seek damages of not less than
- the full registration fee for the registered version of the software
- program with the same name as the Program, with respect to each copy
- of the Program distributed or copied and/or each user or recipient to
- whom the Program was distributed. (By way of illustration and not
- limitation, if the registration fee for the registered version is
- $50.00 and distribution to 1,000 persons was made in violation of this
- Agreement, then if Arrowhead so elects Arrowhead shall have the right to
- seek damages of not less than $50,000 under the provisions of this
- paragraph, in addition to its other rights and remedies at law or in
- equity.)
-
- 21. You will hold Arrowhead, its officers, directors, employees, contractors,
- attorneys, and agents, harmless from and against any and all claims,
- actions, damages, losses, liabilities, costs and expenses (including
- reasonable attorney's fees) arising directly or indirectly from your
- acts and omissions in copying and distributing the Program (including
- without limitation from any installation routine that you may add).
-
- 22. If any provision of this Agreement is held to be void, invalid or
- unenforceable, it will not affect the validity of the balance of this
- Agreement, which shall remain valid and enforceable according to its
- terms and conditions.
-
-
- In addition to the above General Terms and Conditions, the following special
- provisions apply to the types of distribution set forth below:
-
- Distribution by BBS's and Online Services:
-
- Arrowhead allows and encourages bulletin board systems and online services to
- distribute the Program by modem as long as the General Terms and
- Conditions set forth above are complied with.
-
- Distribution of the Program By Itself on Floppy Disk in non-retail
- environment:
-
- Shareware vendors may distribute the Program alone on one or more floppy
- disk(s) as long as the General Terms and Conditions set forth above are
- complied with, and provided that other than installation routines which do
- not interfere with the proper operation or installation of the Program, no
- other programs or files are included on the floppy disk(s) that contain this
- Program (i.e., there is no bundling or multi-program disks or packs).
-
- Distribution of the Program on CD-ROM's
-
- Shareware vendors may not distribute this program on CD-Rom without
- obtaining explicit written permission from Arrowhead Interactive.
-
- Distribution in a Retail Environment:
-
- Shareware vendors may not distribute this program in a retail
- environment (in stores or otherwise) without obtaining explicit written
- permission from Arrowhead Interactive.
-
-
- Arrowhead Interactive Contact:
-
- Order online at www.door.net/arrowhead
-
- Dallas Nutsch
- e-mail - tripled@door.net
- alt - danutsch@yahoo.com
-
- Visit our web at www.door.net/arrowhead