"Terminal Velocity" Copyright 1995 Terminal Velocity, Inc. All rights reserved. 3D Realms Entertainment, P.O. Box 496419 Garland, TX 75049, TEL: 972-271-1765 ("3D Realms") Hereafter, "Terminal Velocity" is referred as "Game". BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE GAME, YOU INDICATE YOUR AGREEMENT TO THE TERMS OF THIS vendor.doc. ===================== KEY POINTS ===================== [*] AFTER MAY 1, 1996, YOU MAY ONLY SELL AND DISTRIBUTE THE GAME IN A COMMERCIAL LOCATION AFTER OBTAINING WRITTEN PERMISSION FROM 3D REALMS. 3D Realms reserves its right to withhold permission. [*] Everyone can -- and is encouraged! -- to copy, upload and generally pass around this Game without charging for it. [*] If you want to distribute the Game as provided in this vendor.doc, either by catalog, advertisement, BBS, on-line service, or direct mail, no written permission is needed. 3D Realms highly recommends that distribution be made from an original copy from 3D Realms or from one of its authorized sources, such as our web site (http://www.3drealms.com) to prevent the sale of older versions. [*] All advertising of the Program must include "Apogee" in the description. [*] The Game is marked "Shareware" and contains "episode one". 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: The "Trademarks" consists of the "3D Realms" logo, "Apogee", the Apogee "comet logo", and all trademarks associated with the Game and the copyright owner of the Game. [2] OWNERSHIP: Except to the extent expressly licensed, 3D Realms owns and reserves the exclusive right to distribute the Game, and 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 AND CONDITIONS: 3D Realms grants a non-exclusive license to distribute the Game on IBM compatible media under the Trademarks subject to the following conditions: [A] CONDITIONS FOR ALL DISTRIBUTION [1] All of the Game's files, including this one, as released by 3D Realms must be included without modification. The following files must always be included to constitute a legal version for shareware distribution: þ aria com 4,704 06-30-95 1:20p þ commit exe 25,702 06-30-95 1:20p þ game exe 620,459 06-30-95 1:20p þ gf166 com 5,608 06-30-95 1:20p þ gf1digi adv 5,248 06-30-95 1:20p þ gf1midi adv 10,816 06-30-95 1:20p þ nosound com 3,280 06-30-95 1:20p þ pas16 com 5,440 06-30-95 1:20p þ paudio com 5,376 06-30-95 1:20p þ sb16 com 4,909 06-30-95 1:20p þ sbclone com 4,576 06-30-95 1:20p þ sblaster com 4,560 06-30-95 1:20p þ sbpro com 4,704 06-30-95 1:20p þ setd des 170 06-30-95 1:20p þ setd exe 47,156 06-30-95 1:20p þ setd snd 47,616 06-30-95 1:20p þ setup exe 57,928 06-30-95 1:20p þ share pod 5,432,430 06-30-95 1:20p þ startup pod 3,390,588 06-30-95 1:20p þ tri1 wav 15,849 06-30-95 1:20p þ tri10 wav 15,959 06-30-95 1:20p þ tri2 wav 13,024 06-30-95 1:20p þ tri3 wav 15,636 06-30-95 1:20p þ tri4 wav 25,005 06-30-95 1:20p þ tri5 wav 14,829 06-30-95 1:20p þ tri6 wav 17,828 06-30-95 1:20p þ tri7 wav 28,974 06-30-95 1:20p þ tri8 wav 21,269 06-30-95 1:20p þ tri9 wav 24,137 06-30-95 1:20p þ tv exe 29,238 06-30-95 1:20p þ tvhelp exe 34,663 06-30-95 1:20p þ ultramid exe 38,844 06-30-95 1:20p þ ultramid ini 6,309 06-30-95 1:20p [2] No copyright or trademark information may be removed. [3] You must not [a] distribute any version of the Game 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 3D Realms product; or [c] distribute any unauthorized third party utility designed to alter any this 3D Realms shareware game. [B] ADDITIONAL CONDITIONS IF YOU CHARGE: If your distribution involves a disk or other physical medium, you must also: [1] Clearly market the Game as shareware, which requires (among other things) using "try before you buy" or similar words on packaging. [2] Include the "3D Realms" 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 Game included in a re-sellers catalog, sales brochure, on special packaging or handouts, must include "A 3D Realms Game", "Released by 3D Realms" or "Published by 3D Realms" if the word count of the description is more than 14 words in length. [5] Must sell only the most current version of the Game. (Contact 3D Realms at 972-278-5655 (tech support) for version info. [6] Although Apogee discourages the practice, you may add an installation routine if it does not interfere with the proper operation or installation of the Game. [7] Game updates, recommended descriptions and "screen shots" will be provided upon request, and are available in the re-seller / dealer conference of 3D Realms' Home BBS. [C] ADDITIONAL CONDITIONS FOR BUNDLES, CD-ROMS, AND RACKS: If uou wish to commercially distribute the Game in a retail location or as part of a hardware or software bundle, or on CD-ROM, you MUST get PRIOR signed written permission from 3D Realms, which is in 3D Realms' 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 Game 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 3D Realms provides a physically defective copy of the Game, 3D Realms will replace it upon submission of the defective one. Aside from this, THE GAME 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 3D Realms 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, affiliates, contractors, employees and agents harmless from damage, loss and expense arising directly or indirectly from your acts and omissions in copying and distributing the Game, 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 Game, or use or disclose any confidential information that it contains. [V.07.20.98]