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license.txt
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1996-08-22
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This file, LICENSE.TXT, describes the terms and conditions by which POW
Productions ("POW") 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.
The Program is protected by copyright in the United Kingdom, as well as in
other countries pursuant to international treaties. POW 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". POW 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:
POW 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. POW Productions 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 POW'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, POW strongly discourages charging users or
recipients more than $7.00 (U.S.) for distribution of the Program (or
any elements thereof). If you charge more than $7.00 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 POW a royalty equal to
fifty percent (50%) of the excess of such charges above $7.00 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 POW a royalty of $2.50 with respect
to each user or recipient.) In the event that such a royalty is
payable to POW, you shall provide POW with quarterly statements of
account setting forth the royalty owed in reasonable detail,
accompanied by payment thereof; and POW 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 POW 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 POW in the Program.
9. You recognize that your right to distribute the Program is
nonexclusive and that POW can terminate the license granted to you
hereunder at any time for any reason upon written notice. POW
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 POW to
confirm what is the latest version (you can do this through POW's
website on the Internet,
http://kublai.pacificrim.net/~solaris/powhome/
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 POW referred to herein may
be granted or withheld in POW'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". POW PRODUCTIONS,
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
LAW, IN NO EVENT WILL POW PRODUCTIONS 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 POW
PRODUCTIONS IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN PARTICULAR, POW PRODUCTIONS 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 POW PRODUCTIONS
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 United
Kingdom applicable to agreements entered into and wholly
to be performed therein, without reference to conflicts of
laws. It shall inure to the benefit of Pow Productions 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 courts located in the United
Kingdom, and to service by registered mail, return receipt
requested, or as otherwise permitted by law.
18. POW 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 Pow
Productions.
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 POW's rights, POW 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 POW
so elects POW 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 POW so elects POW 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 POW, 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:
POW 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 in non-retail
environment:
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
Shareware vendors may not distribute this program on CD-Rom without
obtaining explicit written permission from POW Productions.
Distribution in a Retail Environment:
Shareware vendors may not distribute this program in a retail
environment (in stores or otherwise) without obtaining explicit written
permission from POW Productions.
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 POW'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.
Bundling with Hardware:
You may bundle this Program with new hardware (computers, sound cards,
etc.) as long as you comply with the General Terms and Conditions set
forth above, and as long as you provide the Program free of charge (i.e.,
at no cost in addition to the hardware) to the purchaser when the hardware
is purchased.
We would appreciate it if you could let us know if you bundle the Program
with hardware. If you'd like more information about OEM and hardware
bundling opportunities, please contact us! We greatly appreciate the
opportunity to work with hardware manufacturers and resellers.
Other Distribution Opportunities:
Please contact us if you would like to distribute POW 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 POW Productions shareware products
in accordance with the terms and conditions of this Agreement.
See POWBALL.TXT for contact information.
August 24, 1996