Episode One of 3D (tm), including all versions, patches and upgrades (the "Game") Copyright 1996 Entertainment a division of Apogee Software, Ltd. P.O. Box 496419, Garland, TX 75049 TEL: 1-972-271-1765 ("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, 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. *ALL* OTHER DISTRIBUTION, including by other online services such as America Online, CompuServe, Prodigy, Microsoft Network, Ziff-Net, and similar online services (except for authorized 3D Realms online support sections), and by CD-ROM, shareware catalog, or retail rack REQUIRES: [*] WRITTEN PERMISSION (WHICH 3D REALMS MAY WITHHOLD IN ITS DISCRETION) AND [*] PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY AGREED BENEFIT. NOTE: FORMGEN, INC. OWNS THE EXCLUSIVE RIGHT TO COMMERCIALLY DISTRIBUTE THIS SHAREWARE GAME UNTIL MARCH 1, 1997. PERMISSION TO COMMERCIALLY DISTRIBUTE THIS GAME CAN NOT BE GRANTED DURING THIS TIME. 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, 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 3D Realms will be included without modification (except for "New Levels" as permitted below by this license). The files at a minimum include: þ commit exe 25,942 04-24-96 1:30p þ defs con 28,893 04-24-96 1:30p þ demo1 dmo 6,226 04-24-96 1:30p þ demo2 dmo 9,701 04-24-96 1:30p þ demo3 dmo 3,759 04-24-96 1:30p þ dn3dhelp exe 73,594 04-24-96 1:30p þ duke rts 188,954 04-24-96 1:30p þ duke3d exe 1,178,963 04-24-96 1:30p þ duke3d grp 11,035,779 04-24-96 1:30p þ game con 99,639 04-24-96 1:30p þ license txt 9,108 07-16-98 3:56p þ modem pck 4,125 04-24-96 1:30p þ readme doc 2,760 04-24-96 1:30p þ setmain exe 95,177 04-24-96 1:30p þ setup exe 27,153 04-24-96 1:30p þ ultramid ini 6,871 04-24-96 1:30p þ user con 36,960 04-24-96 1:30p [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 3D Realms may withhold in its discretion) AND PRE-PAYMENT OF A LICENSE FEE OR OTHER MUTUALLY AGREED BENEFIT. Interested persons are invited to contact 3D Realms (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 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 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. [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 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 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.7.16.98]