Episode One of Darkfire's Lastcallers 3D-tm (the "PPE") Copyright 1996 Darkfire a division of Darkfire Software, Ltd. an449629@anon.penet.fi "Darkfire". All rights reserved. BY COPYING, USING OR DISTRIBUTING THE PPE, 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 PPE without charge. [*] Online services including BBSs, WWW sites and FTP sites which do NOT charge (or share charges) for file downloads, or for online access time (other than by subscription) may make the PPE available for downloading. [*] *ALL* OTHER DISTRIBUTION REQUIRES [1] WRITTEN PERMISSION (WHICH Darkfire MAY WITHHOLD IN ITS DISCRETION) AND [2] PRE-PAYMENT OF A LICENSE FEE. This includes distribution by other online services such as America Online, CompuServe, Prodigy, Microsoft Network, Ziff-Net, and any other similar such online services (except for authorized Darkfire online support sections), and by CD-ROM, shareware catalog, or retail rack. Interested persons are invited to contact Darkfire. DISTRIBUTION OTHERWISE IS PROHIBITED BY LAW AND INFRINGES RIGHTS OF Darkfire. Claims against violators will be pursued. ====================== LICENSE ======================= [1] DEFINITIONS: The "Trademarks" consist of the "Darkfire" words and logo, "DfLast" words and logo, the name of the PPE, PPE characters, and all other marks used by Darkfire in connection with the PPE. Other trademarks used for description or comparison purposes are the property of their respective owners. [2] OWNERSHIP: Except to the extent expressly licensed, Darkfire owns and reserves the exclusive right to distribute the PPE, and the right to use the Trademarks in connection with it. Its content, layout and format are the property of Darkfire to the extent permitted by law. [3] GRANT: Darkfire grants a non-exclusive, non-transferable, royalty-free license to distribute the PPE only as follows: [A] INDIVIDUALS are encouraged to share and give copies of the PPE to friends, family, coworkers, and members of any not-for-profit organization, but only without charge. [B] ONLINE SERVICES, including BBSs, WWW sites, and FTP sites, which do NOT charge (or share charges) for file downloads, or for online access time (other than by subscription) may make the PPE 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 PPE's files as released by Darkfire will be included without modification (except for "New Levels" as permitted below by this license). The files at a minimum include: þ alltime.dat 91 2-13-96 4:47p þ dflast.all 966 2-13-96 4:47p þ dflast.bot 922 3-21-96 3:21p þ dflast.cfg 2971 3-21-96 3:18p þ dflast.doc 6168 3-21-96 3:15p þ dflast.mid 398 3-21-96 3:19p þ dflast.pcb 1558 1-03-96 6:13p þ dflast.ppe 5733 3-21-96 3:30p þ dflast.top 387 3-21-96 3:19p þ dfsource.zip 9421 3-21-96 3:32p þ example.ans 3687 3-21-96 3:17p þ file_id.diz 799 3-21-96 3:31p þ fsw.ad 2001 2-13-96 11:50p þ head.asc 692 3-21-96 3:13p þ helpcolr.zip 7427 3-17-96 7:17p þ logoff.ppe 15518 3-21-96 3:30p þ logon.ppe 3013 3-21-96 3:30p þ offline.dat 2496 2-13-96 4:47p þ online.dat 2066 3-21-96 2:44p þ strings.cfg 437 12-04-95 2:23a þ whatsnew.txt 1948 3-21-96 2:46p The final three files (catalog.exe, order.frm, & swcbbs.exe) are peroidically updated, and newer versions may be used. [D] *ALL* other distribution (including by lease, online service that charges for online access time or multiplayer use, and by CD-ROM, catalog, or retail rack) REQUIRES WRITTEN PERMISSION (which Darkfire may withhold in its discretion) AND PRE-PAYMENT OF A LICENSE FEE. Interested persons are invited to contact Darkfire. [4] NEW LEVELS. "New Levels" are data that modify or substitute for PPE data, thus modifying or replacing one or more PPE 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 Darkfire and is prohibited by law except as permitted by Darkfire. Darkfire PERMITS NEW LEVELS ONLY THAT MEET ALL OF THE FOLLOWING CONDITIONS: [A] The Level must only work with a RETAIL episode of the PPE. It must NOT work with this Episode One. [B] The level must not contain modifications to any COM, EXE, or DLL, or 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 Darkfire". [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 PPE as originally distributed by Darkfire) grant back to Darkfire an irrevocable royalty free right to distribute the level. [5] TERM: Unless terminated for cause, grants by Darkfire 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 Darkfire provides a physically defective copy of the PPE, Darkfire will replace it upon prompt submission of the defective one. THE PPE 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 (Darkfire) would be irreparably damaged if Section [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 PPE 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 London, England, and to service by certified mail, return receipt requested, or as otherwise permitted by law. You will also send us (Darkfire) to Vermont on an all expense paid trip. [D] Except as explicitly permitted herein, you will not modify the PPE. Except to the extent, if any, applicable law may require otherwise, you will not decompile, disassemble, or reverse engineer the PPE, or use or disclose any confidential information that it contains. [V.1.11.96]