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- Episode One of Duke Nukem 3D-tm (the "Game")
- Copyright 1996 3D Realms Entertainment
- a division of Apogee Software, Ltd.
- P.O. Box 496419, Garland, TX 75049
- TEL: 1+214-271-1765 ("3D Realms"). All rights reserved.
-
- BY COPYING, USING OR DISTRIBUTING THE GAME, YOU INDICATE YOUR AGREEMENT TO
- THIS LICENSE
-
- ======== LIMITED DISTRIBUTION RIGHTS === KEY POINTS ==============
- As provided in detail below:
-
- [*] Individuals can -- and are encouraged! -- to give away copies of the
- Game without charge.
-
- [*] Online services including BBSs, WWW sites and FTP sites which do NOT charge
- (or share charges) for file downloads, or for online access time (other
- than by subscription) may make the Game available for downloading.
-
- [*] *ALL* OTHER DISTRIBUTION REQUIRES
- [1] WRITTEN PERMISSION (WHICH 3D REALMS MAY WITHHOLD IN ITS DISCRETION) AND
- [2] PRE-PAYMENT OF A LICENSE FEE.
- This includes distribution by other online services such as America Online,
- CompuServe, Prodigy, Microsoft Network, Ziff-Net, and any other similar
- such online services (except for authorized 3D Realms online support
- sections), and by CD-ROM, shareware catalog, or retail rack. Interested
- persons are invited to contact 3D Realms.
-
- DISTRIBUTION OTHERWISE IS PROHIBITED BY LAW AND INFRINGES RIGHTS OF 3D REALMS.
- Claims against violators will be pursued.
-
- ====================== LICENSE =======================
- [1] DEFINITIONS: The "Trademarks" consist of the "3D Realms" words and logo,
- "Apogee" words and logo, the name of the Game, game characters, and all
- other marks used by 3D Realms in connection with the Game. Other
- trademarks used for description or comparison purposes are the property of
- their respective owners.
-
- [2] OWNERSHIP: Except to the extent expressly licensed, 3D Realms owns and
- reserves the exclusive right to distribute the Game, and the right to use
- the Trademarks in connection with it. Its content, layout and format are
- the property of 3D Realms to the extent permitted by law.
-
- [3] GRANT: 3D Realms grants a non-exclusive, non-transferable, royalty-free
- license to distribute the Game only as follows:
-
- [A] INDIVIDUALS are encouraged to share and give copies of the Game to
- friends, family, coworkers, and members of any not-for-profit
- organization, but only without charge.
-
- [B] ONLINE SERVICES, including BBSs, WWW sites, and FTP sites, which do
- NOT charge (or share charges) for file downloads, or for online access
- time (other than by subscription) may make the Game available for
- downloading.
-
- [C] These grants are subject to the conditions that no copyright
- information or trademark will be added or removed, and all of the
- Game's files as released by 3D Realms will be included without
- modification (except for "New Levels" as permitted below by this
- license). The files at a minimum include:
-
- ■ commit exe 25,782 01-29-96 1:00p
- ■ defs con 23,685 01-29-96 1:00p
- ■ demo1 dmo 20,395 01-29-96 1:00p
- ■ demo2 dmo 16,946 01-29-96 1:00p
- ■ demo3 dmo 15,902 01-29-96 1:00p
- ■ dn3dhelp exe 60,299 01-29-96 1:00p
- ■ duke rts 188,954 01-29-96 1:00p
- ■ duke3d exe 1,066,391 01-29-96 1:00p
- ■ duke3d grp 10,429,258 01-29-96 1:00p
- ■ game con 70,287 01-29-96 1:00p
- ■ license doc 8,705 01-29-96 1:00p
- ■ modem pck 4,126 01-29-96 1:00p
- ■ setmain exe 171,785 01-29-96 1:00p
- ■ setup exe 27,153 01-29-96 1:00p
- ■ ultramid ini 6,897 01-29-96 1:00p
- ■ user con 31,770 01-29-96 1:00p
-
- ■ catalog exe 27,032 01-29-96 1:00p
- ■ order frm 3,866 01-29-96 1:00p
- ■ swcbbs exe 4,960 01-29-96 1:00p
-
- The final three files (catalog.exe, order.frm, & swcbbs.exe) are
- peroidically updated, and newer versions may be used.
-
- [D] *ALL* other distribution (including by lease, online service that
- charges for online access time or multiplayer use, and by CD-ROM,
- catalog, or retail rack) REQUIRES WRITTEN PERMISSION (which 3d Realms
- may withhold in its discretion) AND PRE-PAYMENT OF A LICENSE FEE.
- Interested persons are invited to contact 3D Realms.
-
- [4] NEW LEVELS.
-
- "New Levels" are data that modify or substitute for Game data, thus modifying
- or replacing one or more Game levels. Creating or distributing a New Level or
- a software tool that has no substantial purpose other than to contribute to the
- creation of a New Level infringes rights of 3D Realms and is prohibited by law
- except as permitted by 3D Realms. 3D REALMS PERMITS NEW LEVELS ONLY THAT MEET
- ALL OF THE FOLLOWING CONDITIONS:
-
- [A] The Level must only work with a RETAIL episode of the Game. It must
- NOT work with this Episode One.
-
- [B] The level must not contain modifications to any COM, EXE, or DLL, or
- other executable file.
-
- [C] The level must not contain any illegal or indecent material, or
- (without appropriate irrevocable licenses) any trademarks, copyright
- protected work, or other property of third parties.
-
- [D] The level must prominently identify at least in every online
- description and with reasonable duration on an opening screen
- (1) the name and email address of the level's creators, and
- (2) the words "THIS LEVEL IS NOT MADE BY OR SUPPORTED BY 3D REALMS".
-
- [E] The level and any use of it must be offered solely for free (other
- than any incidental online charges).
-
- [F] By distributing or permitting the distribution of any New Level, all
- owners of any trademark, copyright or other right, title or interest
- therein (to the extent different from the Game as originally
- distributed by 3D Realms) grant back to 3D Realms an irrevocable
- royalty free right to distribute the level.
-
- [5] TERM: Unless terminated for cause, grants by 3D Realms under this
- LICENSE.DOC terminate 30 days after receipt of written notice, or such
- longer period as the notice may provide. Sections [2], [6], and [7]
- survive termination.
-
- [6] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If 3D Realms provides a
- physically defective copy of the Game, 3D Realms will replace it upon
- prompt submission of the defective one. THE GAME IS OTHERWISE PROVIDED
- "AS-IS", AND NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF
- MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), EXPRESS OR IMPLIED,
- ARE MADE AS TO IT OR ANY MEDIUM IT MAY BE ON. OUR ENTIRE LIABILITY AND
- YOUR EXCLUSIVE REMEDY IS SUCH REPLACEMENT, AND UNDER NO CIRCUMSTANCES
- WILL WE PROVIDE ANY OTHER REMEDY FOR DIRECT, INDIRECT, SPECIAL,
- CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER 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.
-
- [7] MISCELLANY
-
- [A] Since we (3D Realms) would be irreparably damaged if Section [2], [3],
- [4], or [7][D] 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.
-
- [B] You will indemnify and hold us, our partners, affiliates, contractors,
- employees and agents harmless from damage, loss and expense arising
- directly or indirectly from your acts and omissions in copying,
- distributing or modifying the Game or any New Level.
-
- [C] With respect to every matter arising under this, 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.
-
- [D] Except as explicitly permitted herein, you will not modify the Game.
- Except to the extent, if any, applicable law may require otherwise,
- you will not decompile, disassemble, or reverse engineer the Game, or
- use or disclose any confidential information that it contains.
-
- [V.1.29.96]
-