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- Epic MegaGames
-
- LICENSING AGREEMENT
-
- This file, LICENSE.DOC, describes the only terms by which Epic MegaGames
- permits the Commercial Distribution of this program throughout the world.
-
- "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 and its related files (including this one)
- distributed by us under the marks "KEN'S LABYRINTH" and "EPIC MEGAGAMES"
- (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. CURRENT VERSION: As from the March 21, 1993 all previous versions of
- this program have been withdrawn from shareware. This version is the only
- official release version, and it replaces any previous versions.
-
- C. YOUR RESPONSIBILITIES: 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,
- to assure that your customers clearly understand the shareware concept.
-
- [2] Sell only the most current version of it.
-
- [3] Distribute the complete Program including all of its related files.
- You may *not* modify or remove any files, including all program and
- data files, and all documentation, including VENDOR.DOC, LICENSE.DOC,
- ORDER.DOC, and CATALOG.EXE.
-
- [4] Include the word "Epic MegaGames" in every description of the
- Program used in your catalog or other promotional material.
-
- [5] IF YOU DISTRIBUTE BY "RACK" or otherwise allow the Program
- to be sold in a retail establishment:
-
- [a] The word SHAREWARE and the full Shareware Concept must be
- prominently displayed on the exterior of each Racked Package.
-
- [b] You must inform the Retailer that he will be
- distributing Shareware Products and *NOT* "Low Cost Software".
- You must also inform the Retailer of the full Shareware
- Concept.
-
- [c] Under NO circumstances can this program be added to
- another to form part of a disk, or be used to form any
- Compendium Pack or any other "Special Offer Package"
- without written permission being first obtained from
- an authorized Epic MegaGames agent.
-
- [d] 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.
-
- [e] We reserve the right, in our discretion, to waive or
- reduce the royalty in the cases of rack vendors who
- voluntarily:
-
- [i] Report customer comments regarding the Program,
- including compliments, reports of bugs, and feature
- requests; or
-
- [ii] Promote the Program by advertisements or prominent
- displays; or
-
- [iii] Provide other proper services.
-
- [6] SPECIAL UNITED KINGDOM REQUIREMENTS: To Commercially Distribute this
- software in the UNITED KINGDOM, you must follow these additional terms:
-
- [a] Obtain a Distribution Licence from the Epic MegaGames' United
- Kingdom agent, PRECISION SOFTWARE PUBLISHING.
-
- [b] Make distribution copies only from master copies received
- directly from PRECISION SOFTWARE PUBLISHING using high
- quality disks and duplication technology.
-
- [c] Distribute the complete Program including ALL of its related
- files, each in compressed or other format AS RELEASED BY
- PRECISION SOFTWARE PUBLISHING.
-
- [d] IF YOU DISTRIBUTE BY "RACK" or otherwise allow the Program
- to be sold in a retail establishment, we require that you pay
- PRECISION SOFTWARE PUBLISHING a royalty of 10 pence per copy
- sold. This royalty takes the place of any royalties due directly
- to Epic MegaGames. This will be done by pre-purchasing coded
- labels which are to be displayed on any Rack Packs at all times.
- This royalty is to help Police the Rack vending sector
- of the Market, and ultimately protect the professional
- Companies from the less professional ones.
-
- 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
- our consent in writing, or [2] rent or lease the Program.
-
- 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.
- 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.
-
- F. 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.
-
- G. MISCELLANY
-
- [1] Since we would be irreparably damaged if Section A, B or
- C[1]-C[6] 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 Potomac, Maryland, and to service
- by certified mail, return receipt requested, or as otherwise
- permitted by law.
-
- Epic MegaGames can be contacted at:
- Epic MegaGames
- 10406 Holbrook Drive
- Potomac, MD 20854
- Tel: (301) 983-9771
- Fax: (301) 299-3841
-
- Authorized Epic MegaGames Agents are:
-
- In the United Kingdom:
- Precision Software Publishing
- 3 Valley Court Offices,
- Lower Road,
- Croyden, Near Royston,
- Herts. SG8 0HF U.K.
- Tel: 0223-208288
- Fax: 0223-208089
-
-