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- This VENDOR.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 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 us under the marks "MAJOR STRYKER" and
- "APOGEE" (collectively, the "Trademark"), as it may be upgraded
- or otherwise modified from time-to-time.
-
- 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 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 us 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 us,
- [5] Include the word "Apogee" in every description of the
- Program used in your catalog or other promotional material.
- [6] IF YOU DISTRIBUTE BY "RACK" or otherwise allow the Program
- to be sold in a retail establishment:
- [A] We require that you pay us a royalty of 10 cents per
- copy sold after the first 100 (which may be sold
- royalty-free). This royalty is payable quarterly.
- [B] We reserve the right, in our discretion, to waive or
- reduce the royalty in the cases of rack vendors who
- voluntarily:
- [*] Report customer comments regarding the Program,
- including compliments, reports of bugs, and feature
- requests; or
- [*] Promote the Program by advertisements or prominent
- displays; or
- [*] Provide other proper services.
-
- 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 Program by anyone else without
- our consent in writing, or [2] rent or lease the Program, or [3]
- sell it as part of any hardware or software package.
-
- D. 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.
- 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 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 F will survive the termination of this License.
-
- F. MISCELLANY
- [1] Since we would be irreparably damaged if Section A, B or
- C[1]-C[5] 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 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 Dallas, Texas, and to service
- by certified mail, return receipt requested, or as otherwise
- permitted by law.
-
- [V.01.20.93]