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- "RAPTOR: CALL OF THE SHADOWS"
- Copyright 1994 CYGNUS STUDIOS, INC.
- Licensed for exclusive distribution to APOGEE SOFTWARE
- P.O. Box 496389, Garland, TX 75049, TEL: 214-271-2137 ("Apogee")
-
- BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU
- INDICATE YOUR AGREEMENT TO THE TERMS OF THIS vendor.doc.
-
- =====================
- KEY POINTS
- =====================
-
- [*] Everyone can -- and is encouraged! -- to copy, upload and
- generally pass around this Program without charging for it.
-
- [*] If you want to distribute it in a retail location (such as
- on a rack), or as part of a hardware or software bundle, or
- on CD-ROM you must get PRIOR signed written permission from
- Apogee. Apogee reserves its right to withhold permission.
-
- [*] If you want to distribute it as provided in this Vendor.doc
- by catalog, advertisement, BBS, on-line service, or direct
- mail, no written permission is needed. Apogee highly
- recommends, however, that distribution be made from a copy
- from Apogee or from one of its authorized sources, such as
- our home BBS (Software Creations BBS: 508-365-2359) to
- prevent the sale of older versions.
-
- [*] All advertising of the Program must include "Apogee" in the
- description.
-
- [*] The Program is marked "Shareware" and contains "episode #1".
- No right is given by this Vendor.Doc to copy, use or
- distribute any other version, including any version that is
- registered, or not marked shareware, or that contains any
- episode other than #1.
-
- ======================
- LICENSE
- ======================
-
- [1] DEFINITIONS: "Program" means RAPTOR and its related files,
- including this one. The "Trademarks" consists of "Apogee", the
- Apogee "comet logo", and "Raptor".
-
- [2] OWNERSHIP: Except to the extent expressly licensed,
- Apogee owns and reserves the exclusive right to distribute
- the Program, and 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 AND CONDITIONS: Apogee grants a non-exclusive license
- to distribute the Program on IBM compatible media under the
- Trademarks subject to the following conditions:
-
- [A] CONDITIONS FOR ALL DISTRIBUTION
-
- [1] All of the Program's files, including this one, as
- released by us must be included without modification.
- The following files must always be included to
- constitute a legal version for shareware distribution:
-
- ■ setup .exe 64,287 04-01-94 1:00p
- ■ rap .exe 411,441 04-01-94 1:00p
- ■ file0000.glb 529,919 04-01-94 1:00p
- ■ file0001.glb 3,945,602 04-01-94 1:00p
- ■ rap-help.exe 13,995 04-01-94 1:00p
- ■ catalog .exe 58,749 04-01-94 12:00a
- ■ order .frm 6,237 04-01-94 12:00a
- ■ dealers .exe 8,651 04-01-94 12:00a
-
- The catalog.exe, order.frm, and dealers.exe files are periodically
- updated. These may be replaced with newer versions as they are made
- available from Apogee.
-
- These files are also included in the BBS version of the shareware episode
- but are not required for distribution:
-
- ■ vendor .doc 7,994 04-01-94 1:00p
- ■ contest .zip 11,866 04-01-94 1:00p
-
- [2] No copyright or trademark information may be removed.
-
- [3] You must not [a] distribute any version of the Program
- with unauthorized changes, such as additional or different
- levels, or changed characters or mazes; or
- [b] characterize such versions as an "add-on" or
- "extension" of any Apogee product; or [c] distribute any
- unauthorized third party utility designed to alter any
- Apogee game, game level, game episode or saved game.
-
- [B] ADDITIONAL CONDITIONS IF YOU CHARGE: If your distribution
- involves a disk or other physical medium, you must also:
-
- [1] Clearly market the Program as shareware, which requires
- (among other things) using "try before you buy" or similar
- words on packaging for the Programs.
-
- [2] Include "Apogee" and the "comet" logo (we encourage use of
- the 4 color version) on the front cover of the package.
-
- [3] Include the your name, address and phone number on the
- packaging and in any added documentation. This can be
- imprinted on the package or may be in the form of a label
- affixed to the box, carton or folder.
-
- [4] Any description of the Program included in a re-sellers
- catalog, sales brochure, on special packaging or handouts,
- must include "An Apogee Game", "Released by Apogee" or
- "Published by Apogee" if the word count of the description
- is more than 14 words in length.
-
- [5] Distribute copies only after the programs on newly created
- master diskettes have been thoroughly tested. Always use
- high quality media and duplication technology.
-
- [6] Try to sell only the most current version of the Program.
-
- [7] Although Apogee discourages the practice, you may add an
- installation routine if it does not interfere with the
- proper operation or installation of the Program.
-
- [8] Program updates, recommended descriptions and "screen
- shots" will be provided upon request, and are available in
- the re-seller / dealer conference of Apogee's main BBS.
-
- [C] ADDITIONAL CONDITIONS FOR BUNDLES, CD-ROMS, AND RACKS: If
- you wish to distribute in a retail location (such as on a rack),
- or as part of a hardware or software bundle, or on CD-ROM, you
- must get PRIOR signed written permission from Apogee, which is
- in Apogee's discretion and may be subject to royalty or other
- conditions.
-
- [4] TERM: Unless terminated for cause, your grants under this
- VENDOR.DOC terminate 30 days after you receive written notice,
- or such longer period as the notice may provide. Following such
- termination, you may distribute the Program only until the
- earlier of 60 days after the termination date in the notice, or
- distribution of the copies you have in stock. Sections [2],
- [5], and [6] survive termination.
-
- [5] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If Apogee
- provides a physically defective copy of the Program, Apogee will
- replace it upon submission of the defective one. Aside from
- this, the Program IS 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.
-
- [6] MISCELLANY
-
- [A] Since we would be irreparably damaged if Section [3], [4]
- or [6][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 hold us, our partners, contractors, employees and
- agents harmless from damage, loss and expense arising directly
- or indirectly from your acts and omissions in copying and
- distributing the Program, including from any installation
- routine that you may add.
-
- [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] You will not modify, reverse compile, disassemble, or
- reverse engineer the Program, or use or disclose any
- confidential information that it contains.
-
- [V.03.07.94]
-