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- 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]