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Power Game Pak 2
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Power Game Pak volume 2.iso
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duke3d
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license.doc
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1996-01-29
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9KB
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166 lines
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]