home *** CD-ROM | disk | FTP | other *** search
- Episode One of Xenophage: Alien Bloodsport
- including all versions, patches and upgrades (the "Game")
- Copyright 1996 Argo Games
- 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
-
- ====== 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, and WWW and FTP sites) that
- are free (except for any subscription fees or incidental
- Internet access charges), and BBSs with 250 or fewer nodes
- (regardless of any charges to users) may make the Game
- available for downloading.
-
- [*] WRITTEN PERMISSION (WHICH APOGEE MAY WITHHOLD IN ITS DISCRETION) AND
-
- [*] PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY AGREED BENEFIT.
-
- NOTE: COMMERCIAL DISTRIBUTION OF THIS GAME ON EITHER CD-ROM OR DISKETTE IS
- PROHIBITED WITHOUT WRITTEN PERMISSION OF APOGEE SOFTWARE.
-
- DISTRIBUTION OTHERWISE IS PROHIBITED BY LAW AND INFRINGES RIGHTS OF APOGEE.
- 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 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] ONLINE SERVICES (including BBSs, and WWW and FTP sites) that are free
- (except for any subscription fees or incidental Internet access charges),
- and BBSs with 250 or fewer nodes (regardless of any charges to users) 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 Apogee will be included without modification (except for
- "New Levels" as permitted below by this license). The files at a minimum
- include:
-
- ■ chars xps 72,840 04-26-96 1:00p
- ■ cinem xps 694,516 04-26-96 1:00p
- ■ fight xps 2,605,032 04-26-96 1:00p
- ■ fuzzy xps 265,814 04-26-96 1:00p
- ■ graph xps 3,111,760 04-26-96 1:00p
- ■ license doc 8,844 04-26-96 1:00p
- ■ setup bat 486 04-26-96 1:00p
- ■ sound xps 2,299,772 04-26-96 1:00p
- ■ xphelp exe 38,941 04-26-96 1:00p
- ■ xps bat 123 04-26-96 1:00p
- ■ xps ini 1,759 04-26-96 1:00p
- ■ xpsorig ini 1,759 04-26-96 1:00p
- ■ xpsx exe 887,703 04-26-96 1:00p
-
- ■ catalog exe 27,032 05-01-96 1:00p
- ■ order frm 3,866 05-01-96 1:00p
- ■ dealers exe 17,901 05-01-96 1:00p
- ■ swcbbs exe 4,960 05-01-96 1:00p
-
- The final four files (catalog.exe, order.frm, swcbbs.exe, & dealers.exe) are
- periodically updated, and newer versions may be used if available.
-
- [D] *ALL* other distribution, including by lease, rental, online service
- (other than a fewer than 250 node BBS) that charges for online access
- time, online service providing multiplayer use, CD-ROM, catalog, and
- retail rack REQUIRES WRITTEN PERMISSION (which Apogee may withhold in
- its discretion) AND PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY AGREED
- BENEFIT. Interested persons are invited to contact Apogee (proposals
- welcome).
-
- [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.4.17.96]
-