____ _ _ ____ _ _ | _ \ ___ __ _| |_| |__ | _ \ __ _| | |_ _ | | | |/ _ \/ _` | __| '_ \ | |_) / _` | | | | | | | |_| | __/ (_| | |_| | | | | _ < (_| | | | |_| | |____/ \___|\__,_|\__|_| |_| |_| \_\__,_|_|_|\__, | |___/ Thanks for installing the shareware episode of Death Rally. Before running the game, you must run the setup program. To this, type SETUP from your Death Rally directory. After configuration, you can type RALLY to play the game. If you run into trouble with the game, please consult the drhelp.exe file that is in your game directory. ==[ Legal Stuff ]====================================================== Sharware Episode of Death Rally including all versions, patches and upgrades (the "Game") Copyright (c) 1996 Remedy Entertainment Under Exclusive License to Apogee Software, Ltd. P.O. Box 496489, Garland, TX 75049 TEL: 1+214-271-2137 ("Apogee"). All rights reserved. BY COPYING, USING OR DISTRIBUTING THE GAME, YOU INDICATE YOUR AGREEMENT TO THIS LICENSE ======================= 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 Apogee 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, Apogee 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 Apogee to the extent permitted by law. [3] GRANT: Apogee 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] 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 Apogee will be included without modification (except for "New Levels" as permitted below by this license). The files at a minimum include: þ drhelp exe 50,293 10-01-96 1:10p þ engine bpa 387,193 10-01-96 1:10p þ ibfiles bpa 85,989 10-01-96 1:10p þ license doc 6,752 10-01-96 1:10p þ menu bpa 3,198,740 10-01-96 1:10p þ musics bpa 2,010,456 10-01-96 1:10p þ rally exe 374,230 10-01-96 1:10p þ rally ico 2,238 10-01-96 1:10p þ setup exe 34,227 10-01-96 1:10p þ tr4 bpa 260,466 10-01-96 1:10p þ tr7 bpa 417,431 10-01-96 1:10p þ tr9 bpa 427,555 10-01-96 1:10p [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 Apogee and is prohibited by law except as permitted by Apogee. APOGEE 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 to 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 APOGEE". [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 Apogee) grant back to Apogee an irrevocable royalty free right to distribute the level. [G] The distributor of any New Level or Level Editor must be authorized to distribute the Game itself (either in writing, or by being within a category where no writing is needed under this LICENSE.DOC). [5] TERM: Unless terminated for cause, grants by Apogee 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 Apogee provides a physically defective copy of the Game, Apogee 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 (Apogee) would be irreparably damaged if Sections [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. This version of the license.doc superceedes any previous versions of said document relating to the Game. (This Game specifically, and not other titles published by 3D Realms or Apogee.) [V.7.26.96]