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- Epic MegaGames, Inc.
- SOFTWARE LICENSE AGREEMENT
-
-
- This file, LICENSE.DOC, describes the terms and conditions by which Epic
- MegaGames, Inc. ("Epic") 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.
-
- ========================================================================
- NOTICE * NOTICE * NOTICE * NOTICE * NOTICE * NOTICE
-
- Because this is the first release of Epic's modem/network gaming
- components, we anticipate that we may be making several updates,
- fixes, or patches to this program over the coming months as we get
- widespread feedback from players around the world.
-
- Because of the need to update distribution versions quickly, the
- modem/network version of One Must Fall 2097 may not be distributed
- in a retail environment (either on disk or CD). We may allow retail
- distribution of future modem/network versions of One Must Fall 2097.
-
- Distribution online (BBS's, Internet, online services) and by mail
- is, of course, highly encouraged.
- =========================================================================
-
- The Program is protected by copyright in the United States, as well as in
- other countries pursuant to international treaties. Epic 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". Epic 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:
-
- Epic 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. Epic MegaGames, Inc. 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 Epic'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, Epic 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 Epic 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 Epic a royalty of $1.50 with respect to each user or
- recipient.) In the event that such a royalty is payable to Epic, you
- shall provide Epic with quarterly statements of account setting forth
- the royalty owed in reasonable detail, accompanied by payment thereof;
- and Epic 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 Epic 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 Epic in the Program.
-
- 9. You recognize that your right to distribute the Program is
- nonexclusive and that Epic can terminate the license granted to you
- hereunder at any time for any reason upon written notice. Epic
- 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 Epic to
- confirm what is the latest version (you can do this through Epic'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 Epic referred to herein may
- be granted or withheld in Epic'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". EPIC MEGAGAMES,
- INC. 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 EPIC MEGAGAMES, INC.
- 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 EPIC
- MEGAGAMES, INC. IS ADVISED OF THE POSSIBILITY OF
- SUCH DAMAGES. IN PARTICULAR, EPIC MEGAGAMES,
- INC. 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 EPIC
- MEGAGAMES, INC. 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 Epic MegaGames, Inc. 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. Epic 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 Epic
- MegaGames, Inc.
-
- 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 Epic's rights, Epic 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 Epic
- so elects Epic 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 Epic so elects Epic 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 Epic, 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:
-
- Epic 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:
-
- 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
-
- This is currently not authorized (see above), unless you have specific
- writter authorization from Epic to do this.
-
- Distribution in a Retail Environment:
-
- This is currently not authorized (see above), unless you have specific
- writter authorization from Epic to do this.
-
- 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 Epic'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.
-
- Other Distribution Opportunities:
-
- Please contact us if you would like to distribute Epic 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 Epic MegaGames shareware products
- in accordance with the terms and conditions of this Agreement.
-
-
- Epic MegaGames can be contacted at:
-
- Epic MegaGames, Inc.
- 10406 Holbrook Drive
- Potomac, MD 20854
- Tel: +(301) 983-9771
- Fax: +(301) 299-3841
-
- In Europe, we can be contacted at:
-
- Epic MegaGames UK
- 11 Baker Avenue
- Potton
- Beds SG19 2PJ
- United Kingdom
- Tel: +44 (0) 1767 260903
- Fax: +44 (0) 1767 262043
-
- Or in Germany:
-
- Abteilung RMI (AA15)
- Postfach 10 29 65
- 50469 KOLN
- Germany
- Tel: 0130 822495
- Fax: 0130 822886
-