home *** CD-ROM | disk | FTP | other *** search
- "HALLOWEEN HARRY" (herein referred to as GAME SOFTWARE)
- Copyright 1993 Apogee Software, SubZero Software
- Graphics: Copyright 1993 Interactive Binary Illusions
-
- THIS IS A LICENSE TO DISTRIBUTE OR SELL THE SHAREWARE
- VERSION ONLY OF APOGEE'S GAME SOFTWARE.
-
- This LICENSE.DOC describes the only terms by which we (APOGEE
- SOFTWARE PRODUCTIONS, P.O. Box 496389, Garland, TX 75049, (800)
- 426-3123)) permit Commercial Distribution of this GAME SOFTWARE.
-
- "Commercially distribute" means to distribute for money or other
- consideration. It includes copying onto magnetic disks, CD-ROMs
- or any other tangible medium now or subsequently known, and
- distribution by retail rack, direct mail, catalog, advertisement,
- or trade show. It does *not* include distribution by any not-
- for-profit organization, by any hobby, user or computer interest
- group to its members, or electronically by any BBS.
-
- "GAME SOFTWARE" means any released SHAREWARE VERSION and its
- related files (including this one) distributed by us under its
- trademark and "APOGEE" (collectively, the "Trademark"), as it
- may be upgraded or otherwise modified from time-to-time. (THIS
- LICENSE DOES NOT APPLY TO APOGEE'S NON-SHAREWARE GAMES, WHICH MAY
- ONLY BE DISTRIBUTED BY AUTHORIZED APOGEE DEALERS WITH WRITTEN
- APPROVAL FROM APOGEE.)
-
- A. OWNERSHIP: Except to the extent expressly licensed by us, we
- have and reserve the exclusive copyright and other right, title
- and interest to distribute the GAME SOFTWARE, and the right to use
- the Trademark in connection with them.
-
- B. THINGS YOU MUST DO: You may Commercially Distribute the GAME
- SOFTWARE under this License so long as you:
- [1] VERY IMPORTANT: include the the phrase "Published by Apogee"
- or "An Apogee Game" in every description of the GAME SOFTWARE
- used in your catalog, packaging or other promotional material.
- To leave this out is a violation of our copyright and we will
- revoke your right to sell Apogee games if this is ignored,
- [2] Clearly market it as shareware using "try before you buy" or
- similar words,
- [3] Sell only the most current version of it,
- [4] Make distribution copies only from master copies received
- directly from us using high quality disks and duplication
- technology,
- [5] Distribute the complete GAME SOFTWARE (shareware version only)
- including all of its related files, each in compressed or other
- format as released by us, including the files CATALOG.EXE,
- ORDER.FRM, and FILE_ID.DIZ,
- [6] IF YOU DISTRIBUTE BY "RACK", CD-ROM or otherwise allow the
- GAME SOFTWARE to be sold in a retail establishment YOU MUST SIGN
- A COPY OF APOGEE'S "RETAIL DISTRIBUTION AGREEMENT" first.
- Please contact Apogee to get a copy of this agreement,
- [7] Must not distribute or sell third-party levels, editors, add-ons,
- or utilities designed to modify the playing characteristics of
- any of Apogee's games. Selling unauthorized levels or art that
- relate to an Apogee game is a violation of Apogee's copyrights.
-
- C. Your right to distribute under this license is personal, and
- does not include any right to [1] sublicense or otherwise cause
- any copying or distribution of the GAME SOFTWARE by anyone else without
- our consent in writing, or [2] rent or lease the GAME SOFTWARE, or [3]
- sell it as part of any hardware or software package.
-
- D. THE GAME SOFTWARE IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND,
- EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON.
- WE WILL PROVIDE NO REMEDY FOR INDIRECT, CONSEQUENTIAL, PUNITIVE
- OR INCIDENTAL 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.
-
- E. TERM: This License terminates upon 30 days prior written
- notice by either us to the other. If terminated by us by such
- notice, you may distribute the GAME SOFTWARE until the earlier of 30
- days after the termination date in the notice, or completion of
- the distribution of the copies you have in stock. Sections A, D
- and F will survive the termination of this License.
-
- F. MISCELLANY
- [1] Since we would be irreparably damaged if Section A,
- B[1]-B[6], or C of this License 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.
- [2] 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 GAME SOFTWARE.
- [3] With respect to every matter arising under this License, 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.
-
- G. THIS LICENSE DOCUMENT IS APOGEE'S PROPERTY: It is illegal for
- other shareware companies to copy this document in whole or in part
- for private or commercial use or distribution.
-
- =====================
- SUMMARY OF KEY POINTS
- =====================
- [1] Apogee owns the right to control the distribution and selling of
- our GAME SOFTWARE, and we can (for any reason) select who can and
- who cannot sell and distribute our GAME SOFTWARE.
- [2] All advertising of any Apogee game must include "Apogee" in the
- description.
- [3] If you want to sell GAME SOFTWARE in a retail location (such as
- on a rack), if you want to bundle our games, or if you sell want
- to sell our games on CD-ROM, you must get written permission from
- Apogee FIRST.
- [4] Selling Apogee's GAME SOFTWARE through a catalog, advertisement,
- BBS, on-line service, or direct mailing is allowable without prior
- permission from Apogee. It is highly recommended that vendors of
- Apogee's games acquire our software from an authorized source,
- such as our home BBS (Software Creations BBS: 508-365-2359) or
- directly from Apogee, to prevent the selling of older versions.
- [5] Customers and players of Apogee's shareware games may freely copy
- and pass around our shareware software, without charging a fee.
- (Apogee's shareware is always episode one of a series of related
- games. The remaining episodes in a series are NOT SHAREWARE, and
- must not be distributed or sold other than by Apogee or by an
- authorized distributor.)
-
- [V.10.01.93]