Micromanía 18/CDMM18.bin/arcade/seek/license.doc

Text File | 1996-01-30 | 15.4 KB | 312 lines

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                              Safari Software
                         SOFTWARE LICENSE AGREEMENT
=============================================================================

This file, LICENSE.DOC, describes the terms and conditions by which Safari
Software ("Safari") 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 Safari Software.  See
below for details.
==========================================================================

The Program is protected by copyright in the United States, as well as in
other countries pursuant to international treaties.  Safari 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".  Safari 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:

Safari 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.   Safari Software 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 Safari'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, Safari strongly discourages charging users or
     recipients more than $9.00 (U.S.) for distribution of the Program (or
     any elements thereof).  If you charge more than $9.00 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 Safari a royalty equal to fifty
     percent (50%) of the excess of such charges above $9.00 with respect
     to each individual user or recipient.  (By way of illustration and not
     limitation, if you distribute the Program at a charge of $8.00 for
     disks and $4.00 for shipping and handling (for a total of $12.00),
     you shall pay Safari a royalty of $1.50 with respect to each user or
     recipient.)  In the event that such a royalty is payable to Safari, you
     shall provide Safari with quarterly statements of account setting forth
     the royalty owed in reasonable detail, accompanied by payment thereof;
     and Safari 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 Safari 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 Safari in the Program.

9.   You recognize that your right to distribute the Program is
     nonexclusive and that Safari can terminate the license granted to you
     hereunder at any time for any reason upon written notice.  Safari
     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 Safari to
     confirm what is the latest version (you can do this through Safari's
     BBS on CompuServe, GO EPIC).

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 Safari referred to herein may
     be granted or withheld in Safari'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".  SAFARI SOFTWARE,
     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 SAFARI SOFTWARE 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 SAFARI
     SOFTWARE IS ADVISED OF THE POSSIBILITY OF SUCH
     DAMAGES.  IN PARTICULAR, SAFARI SOFTWARE 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 SAFARI SOFTWARE
     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 Safari Software 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.  Safari 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 Safari
     Software.

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 Safari's rights, Safari 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 Safari
     so elects Safari 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 Safari so elects Safari 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 Safari, 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:

Safari 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 Safari Software.

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 Safari Software.

Distribution via Subscriptions, "Disk-of-the-Month", Magazine "Cover
Disks" and "Cover CD's":

Any party wishing to distribute this Program via subscriptions, "disk-of-the-
month", magazine "cover disks" and/or "cover CD's" must obtain Safari's
written permission, in addition to complying with the General Terms and
Conditions set forth above and other applicable terms and conditions.  Please
contact us and we'll be glad to consider granting permission to you in
appropriate cases.

Bundling with Hardware:

You may bundle this Program with new hardware (computers, sound cards,
etc.) as long as you comply with the General Terms and Conditions set forth
above, and as long as you provide the Program free of charge (i.e., at no
cost in addition to the hardware) to the purchaser when the hardware is
purchased.

We would appreciate it if you could let us know if you bundle the Program
with hardware.  If you'd like more information about OEM and hardware
bundling opportunities, please contact us!  We greatly appreciate the
opportunity to work with hardware manufacturers and resellers.

Other Distribution Opportunities:

Please contact us if you would like to distribute Safari shareware products
in a new and unique way.  We are open to new opportunities, and we appreciate
new and unique forms of distribution as a way of reaching new customers.

Thanks:  We thank you for distributing Safari Software shareware products
in accordance with the terms and conditions of this Agreement.


Safari Software can be contacted at:

     Safari Software
     10406 Holbrook Drive
     Potomac, MD 20854
     Tel:  [phone]
     Fax:  [phone]

In Europe, we can be contacted at:

     Epic MegaGames, UK
     11 Baker Avenue
     Potton
     Beds SG19 2PJ
     United Kingdom
     Tel:  [phone]
     Fax:  [phone]

Or in Germany:

     Abteilung RMI (AA15)
     Postfach 10 29 65
     50469 KOLN
     Germany
     Tel:  [phone]
     Fax:  [phone]

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          Safari Software is a division of Epic MegaGames, Inc.

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