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- This is the shareware version of Balls of Steel.
-
- Balls of Steel, including all versions, characters, patches and upgrades (the
- "Game") Copyright (c) 1997 Pinball Wizards, a division of Apogee Software,
- Ltd., P.O. Box 496489, Garland, TX 75049 (the "Company"). All worldwide
- rights reserved. (Visit us at www.pinballwizards.com.)
-
- Commercially licensed to GT Interactive Software for worldwide distribution,
- commercial publishing, and sublicensed distribution. (www.gtgames.com)
-
- BY COPYING OR USING THIS PROGRAM, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING
- TERMS, WHICH ARE THE ONLY ONES BY WHICH THE COMPANY PERMITS COPYING OR
- USE. THIS PROGRAM IS NOT SHAREWARE. DISTRIBUTING IT WITHOUT PINBALL WIZARD'S
- PERMISSION IS ILLEGAL.
-
- ======================= LICENSE ============================
-
- [1] OWNERSHIP. Except to the extent expressly licensed by us, we have and
- reserve the exclusive copyright, trade secret and other rights to the
- Program, and the right to use the Trademarks "Apogee", the Apogee Comet
- "logo", "3D Realms", the 3D Realms logo, "Pinball Wizards", the Pinball
- Wizards logo, "Balls of Steel", "Duke Nukem", and any other characters
- contained within the Game in connection with it. Except to the extent
- expressly licensed, the Company 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 the Company
- to the extent permitted by law.
-
- [2] GRANT: The Company 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] 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 the Company will be included without modification (except for
- "New Levels" as permitted below by this license).
-
- [3] 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 the
- Company and is prohibited by law except as permitted by the Company. THE
- COMPANY 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 (shareware episode).
-
- [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 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 PINBALL
- WIZARDS".
-
- [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 the Company) grant back to the Company 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).
-
- [4] TERM: Unless terminated for cause, grants by the Company 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.
-
- [5] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If the Company provides a
- physically defective copy of the Game, the Company 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.
-
- [6] MISCELLANY
-
- [A] Since the Company would be irreparably damaged if certain sections were
- not specifically enforced, the Company 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 the
- Company may have.
-
- [B] You will indemnify and hold the Company, 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 supercedes any previous versions of said
- document relating to the Game. (This Game specifically, and not other titles
- published by the Company.)
-
- [V.10.15.97]
-