| 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] |