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- This VENDOR.DOC describes the only terms by which the author Brandon
- Kuschnereit (320 S. Highland Road, Midwest City Oklahoma 73110 (405) 732-8517)
- permits Commercial Distribution of this Program.
-
- "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.
-
- "Program" means this Version 1.0 and its related files (including
- this one) distributed by myself under the mark "CHOMPER"
- (collectively, the "Trademark"), as it may be upgraded or
- otherwise modified from time-to-time.
-
- Distribution is "non-commercial" when for free, or by any not-for-
- profit corporation or tax exempt organization, or by hobby, user or
- computer interest group to its members, or by any BBS.
-
- A. OWNERSHIP: Except to the extent expressly licensed by me, I
- have and reserve the exclusive copyright and other right, title
- and interest to distribute the Program and all earlier versions
- of it, and the right to use the Trademark in connection with them.
-
- B. THINGS YOU MUST DO: You may Commercially Distribute the Program
- under this License so long as you:
- [1] Market it as shareware using "try before you buy" or similar words,
- [2] Try to sell only the most current version of it,
- [3] Make distribution copies only from master copies received directly
- from me using high quality disks and duplication technology,
- [4] Distribute the complete Program including all of its related files,
- each in compressed or other format as released by me,
- [5] Clearly and obviously mark all promotional material that the
- program is SHAREWARE.
-
- C. THINGS YOU CANNOT DO: You may not commercially distribute the
- program in any of the following ways without written permission from me:
- [1] You may NOT sell CHOMPER in a retail location without a
- signed royalty agreement.
- [2] You may NOT sell CHOMPER on a CDROM without a signed
- royalty agreement.
-
- D. 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 Program by anyone else without
- my consent in writing, or [2] rent or lease the Program, or
- [3] sell it as part of any hardware or software package.
-
- E. THE PROGRAM IS PROVIDED "AS-IS". NO WARRANTIES OF ANY KIND,
- EXPRESS OR IMPLIED, ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON.
- I 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.
-
- F. TERM: This License terminates upon 30 days prior written notice
- by either me to the other. If terminated by me by such notice, you
- may distribute the Program 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 H will survive
- the termination of this License.
-
- H. MISCELLANY
- [1] Since I would be irreparably damaged if Section A, B, C or D
- of this License were not specifically enforced, I 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 I may have.
- [2] You will hold me, my 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.
- [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 Midwest City, Oklahoma, and to
- service by certified mail, return receipt requested, or as
- otherwise permitted by law.
-
-
-