DUKE NUKEM 3D (tm), | |
including all versions, patches and upgrades (the "Game") | |
Copyright 1996 3D Realms Entertainment - a division of Apogee Software, Ltd. | |
P.O. Box 496419, Garland, TX 75049 | |
TEL: 1+214-271-2137 ("3D Realms"). All rights reserved. | |
BY COPYING OR USING THIS PROGRAM, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING | |
TERMS, WHICH ARE THE ONLY ONES BY WHICH 3D REALMS PERMITS COPYING OR USE. THIS | |
PROGRAM IS NOT SHAREWARE. DISTRIBUTING IT WITHOUT 3D REALMS' PERMISSION IS | |
ILLEGAL. | |
[1] OWNERSHIP. Except to the extent expressly licensed by us, we have and | |
reserve the exclusive copyright, trade secret and other rights to the | |
Program, and the right to use the Trademarks "3D Realms", the 3D Realms | |
"logo", "Duke Nukem", "Duke Nukem 3D" and any of the characters contained | |
within the Game in connection with it. | |
[2] USE AND COPIES. You may use the Program only for your own purposes "just | |
like a book". This permits use by any number of people on any number of | |
machines to use it so long as -- just like a book -- there is NO | |
POSSIBILITY that more than one copy will be used at a time. You have no | |
right to copy this Program except for legal backups. | |
[3] 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 to | |
other executable file. | |
[C] The level must not contain any illegal 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. | |
[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). | |
[4] LIMITED WARRANTY AND LIMITATION OF REMEDIES | |
If this Program (including any related written material) contained a | |
physical defect, you may receive a replacement if you return it within | |
90 days of receiving it from 3D Realms. Aside from this, IT 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. Some states do not allow the | |
exclusion or limitation of implied warranties or liability for incidental | |
or consequential damages, so this may not apply to buyers of the Program. | |
This gives you specific legal rights, and you may also have other rights | |
which vary from state to state. | |
[5] MISCELLANY | |
[A] 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. | |
[B] You will not modify, reverse compile, disassemble, or reverse engineer | |
the Program, or use or disclose any of our secret information that it | |
contains. | |
[V.04.18.96] |