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Commander Keen 1 & 4 license agreement

Jul 23rd, 2014
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  1. "Commander Keen: Marooned on Mars"
  2. (Episode 1 of the Invasion of the Vorticons Trilogy")
  3.  
  4. Copyright 1990 id Software
  5. Licensed for Distribution by Apogee Software, Ltd.
  6. P.O. Box 496389, Garland, TX 75049, TEL: 972-271-1765 ("Apogee")
  7.  
  8. BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU
  9. INDICATE YOUR AGREEMENT TO THE TERMS OF THIS vendor.doc.
  10.  
  11. =====================
  12. KEY POINTS
  13. =====================
  14.  
  15. [*] Everyone can -- and is encouraged! -- to copy, upload and
  16. generally pass around this Program without charging for it.
  17.  
  18. [*] If you want to distribute it in a retail location (such as
  19. on a rack), or as part of a hardware or software bundle, or
  20. on CD-ROM you must get PRIOR signed written permission from
  21. Apogee. Apogee reserves its right to withhold permission.
  22.  
  23. [*] If you want to distribute it as provided in this Vendor.doc
  24. by catalog, advertisement, BBS, on-line service, or direct
  25. mail, no written permission is needed. Apogee highly
  26. recommends, however, that distribution be made from a copy
  27. from Apogee or from one of its authorized sources, such as
  28. our web site (http://www.apogee1.com) to prevent the sale
  29. of older versions.
  30.  
  31. [*] All advertising of the Program must include "Apogee" in the
  32. description.
  33.  
  34. [*] The Program is marked "Shareware" and contains "episode #1".
  35. No right is given by this Vendor.Doc to copy, use or
  36. distribute any other version, including any version that is
  37. registered, or not marked shareware, or that contains any
  38. episode other than #1.
  39.  
  40. ======================
  41. LICENSE
  42. ======================
  43.  
  44. [1] DEFINITIONS: "Program" means Commander Keen and its related files,
  45. including this one. The "Trademarks" consists of "Apogee", the
  46. Apogee "comet logo", and "Commander Keen".
  47.  
  48. [2] OWNERSHIP: Except to the extent expressly licensed,
  49. Apogee owns and reserves the exclusive right to distribute
  50. the Program, and to use the Trademarks in connection
  51. with it. Its content, layout and format are the property of
  52. Apogee to the extent permitted by law.
  53.  
  54. [3] GRANT AND CONDITIONS: Apogee grants a non-exclusive license
  55. to distribute the Program on IBM compatible media under the
  56. Trademarks subject to the following conditions:
  57.  
  58. [A] CONDITIONS FOR ALL DISTRIBUTION
  59.  
  60. [1] All of the Program's files, including this one, as
  61. released by us must be included without modification.
  62. The following files must always be included to
  63. constitute a legal version for shareware distribution:
  64.  
  65. þ egahead ck1 15,568 01-23-90 1:31p
  66. þ egalatch ck1 57,065 01-23-90 1:31p
  67. þ egasprit ck1 17,633 01-23-90 1:31p
  68. þ endtext ck1 942 01-23-90 1:31p
  69. þ finale ck1 8,565 01-23-90 1:31p
  70. þ helptext ck1 1,859 01-23-90 1:31p
  71. þ keen1 exe 51,190 01-23-90 1:31p
  72. þ level01 ck1 1,368 01-23-90 1:31p
  73. þ level02 ck1 724 01-23-90 1:31p
  74. þ level03 ck1 3,474 01-23-90 1:31p
  75. þ level04 ck1 1,720 01-23-90 1:31p
  76. þ level05 ck1 810 01-23-90 1:31p
  77. þ level06 ck1 928 01-23-90 1:31p
  78. þ level07 ck1 5,650 01-23-90 1:31p
  79. þ level08 ck1 3,416 01-23-90 1:31p
  80. þ level09 ck1 1,638 01-23-90 1:31p
  81. þ level10 ck1 2,086 01-23-90 1:31p
  82. þ level11 ck1 1,636 01-23-90 1:31p
  83. þ level12 ck1 2,178 01-23-90 1:31p
  84. þ level13 ck1 9,908 01-23-90 1:31p
  85. þ level14 ck1 7,024 01-23-90 1:31p
  86. þ level15 ck1 2,234 01-23-90 1:31p
  87. þ level16 ck1 5,818 01-23-90 1:31p
  88. þ level80 ck1 5,638 01-23-90 1:31p
  89. þ level81 ck1 758 01-23-90 1:31p
  90. þ level90 ck1 1,262 01-23-90 1:31p
  91. þ preview2 ck1 27,886 01-23-90 1:31p
  92. þ preview3 ck1 25,429 01-23-90 1:31p
  93. þ previews ck1 2,160 01-23-90 1:31p
  94. þ sounds ck1 8,898 01-23-90 1:31p
  95. þ storytxt ck1 3,504 01-23-90 1:31p
  96.  
  97. [2] No copyright or trademark information may be removed.
  98.  
  99. [3] You must not [a] distribute any version of the Program
  100. with unauthorized changes, such as additional or different
  101. levels, or changed characters or mazes; or
  102. [b] characterize such versions as an "add-on" or
  103. "extension" of any Apogee product; or [c] distribute any
  104. unauthorized third party utility designed to alter any
  105. Apogee game, game level, game episode or saved game.
  106.  
  107. [B] ADDITIONAL CONDITIONS IF YOU CHARGE: If your distribution
  108. involves a disk or other physical medium, you must also:
  109.  
  110. [1] Clearly market the Program as shareware, which requires
  111. (among other things) using "try before you buy" or similar
  112. words on packaging for the Programs.
  113.  
  114. [2] Include "Apogee" and the "comet" logo (we encourage use of
  115. the 4 color version) on the front cover of the package.
  116.  
  117. [3] Include the your name, address and phone number on the
  118. packaging and in any added documentation. This can be
  119. imprinted on the package or may be in the form of a label
  120. affixed to the box, carton or folder.
  121.  
  122. [4] Any description of the Program included in a re-sellers
  123. catalog, sales brochure, on special packaging or handouts,
  124. must include "An Apogee Game", "Released by Apogee" or
  125. "Published by Apogee" if the word count of the description
  126. is more than 14 words in length.
  127.  
  128. [5] Distribute copies only after the programs on newly created
  129. master diskettes have been thoroughly tested. Always use
  130. high quality media and duplication technology.
  131.  
  132. [6] Try to sell only the most current version of the Program.
  133.  
  134. [7] Although Apogee discourages the practice, you may add an
  135. installation routine if it does not interfere with the
  136. proper operation or installation of the Program.
  137.  
  138. [8] Program updates, recommended descriptions and "screen
  139. shots" will be provided upon request, and are available in
  140. the re-seller / dealer conference of Apogee's main BBS.
  141.  
  142. [C] ADDITIONAL CONDITIONS FOR BUNDLES, CD-ROMS, AND RACKS: If
  143. you wish to distribute in a retail location (such as on a rack),
  144. or as part of a hardware or software bundle, or on CD-ROM, you
  145. must get PRIOR signed written permission from Apogee, which is
  146. in Apogee's discretion and may be subject to royalty or other
  147. conditions.
  148.  
  149. [4] TERM: Unless terminated for cause, your grants under this
  150. VENDOR.DOC terminate 30 days after you receive written notice,
  151. or such longer period as the notice may provide. Following such
  152. termination, you may distribute the Program only until the
  153. earlier of 60 days after the termination date in the notice, or
  154. distribution of the copies you have in stock. Sections [2],
  155. [5], and [6] survive termination.
  156.  
  157. [5] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If Apogee
  158. provides a physically defective copy of the Program, Apogee will
  159. replace it upon submission of the defective one. Aside from
  160. this, the Program IS PROVIDED "AS-IS", AND NO WARRANTIES OF ANY
  161. KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
  162. FOR A PARTICULAR PURPOSE), EXPRESS OR IMPLIED, ARE MADE AS TO IT
  163. OR ANY MEDIUM IT MAY BE ON. OUR ENTIRE LIABILITY AND YOUR
  164. EXCLUSIVE REMEDY IS SUCH REPLACEMENT, AND UNDER NO CIRCUMSTANCES
  165. WILL WE PROVIDE ANY OTHER REMEDY FOR DIRECT, INDIRECT, SPECIAL,
  166. CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING
  167. FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR
  168. BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE
  169. POSSIBILITY OF SUCH DAMAGES.
  170.  
  171. [6] MISCELLANY
  172.  
  173. [A] Since we would be irreparably damaged if Section [3], [4]
  174. or [6][D] were not specifically enforced, we will be entitled
  175. without bond, other security or proof of damages, to appropriate
  176. equitable remedies with respect to breaches of such sections, in
  177. addition to such other remedies as we may have.
  178.  
  179. [B] You will hold us, our partners, contractors, employees and
  180. agents harmless from damage, loss and expense arising directly
  181. or indirectly from your acts and omissions in copying and
  182. distributing the Program, including from any installation
  183. routine that you may add.
  184.  
  185. [C] With respect to every matter arising under this, you
  186. consent to the exclusive jurisdiction and venue of the state and
  187. federal courts sitting in Dallas, Texas, and to service by
  188. certified mail, return receipt requested, or as otherwise
  189. permitted by law.
  190.  
  191. [D] You will not modify, reverse compile, disassemble, or
  192. reverse engineer the Program, or use or disclose any
  193. confidential information that it contains.
  194.  
  195. [V.07.15.94]
  196. ================================================================================
  197. "Commander Keen: Goodbye Galaxy" (Episode 1 - Secret of the Oracle)
  198. Copyright 1991 id Software, Inc.
  199. Licensed for Distribution by Apogee Software, Ltd.
  200. P.O. Box 496389, Garland, TX 75049, TEL: 972-271-1765 ("Apogee")
  201.  
  202. BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU
  203. INDICATE YOUR AGREEMENT TO THE TERMS OF THIS vendor.doc.
  204.  
  205. =====================
  206. KEY POINTS
  207. =====================
  208.  
  209. [*] Everyone can -- and is encouraged! -- to copy, upload and
  210. generally pass around this Program without charging for it.
  211.  
  212. [*] If you want to distribute it in a retail location (such as
  213. on a rack), or as part of a hardware or software bundle, or
  214. on CD-ROM you must get PRIOR signed written permission from
  215. Apogee. Apogee reserves its right to withhold permission.
  216.  
  217. [*] If you want to distribute it as provided in this Vendor.doc
  218. by catalog, advertisement, BBS, on-line service, or direct
  219. mail, no written permission is needed. Apogee highly
  220. recommends, however, that distribution be made from a copy
  221. from Apogee or from one of its authorized sources, such as
  222. our web site (http://www.apogee1.com) to prevent the sale
  223. of older versions.
  224.  
  225. [*] All advertising of the Program must include "Apogee" in the
  226. description.
  227.  
  228. [*] The Program is marked "Shareware" and contains "episode #1".
  229. No right is given by this Vendor.Doc to copy, use or
  230. distribute any other version, including any version that is
  231. registered, or not marked shareware, or that contains any
  232. episode other than #1.
  233.  
  234. ======================
  235. LICENSE
  236. ======================
  237.  
  238. [1] DEFINITIONS: "Program" means Commander Keen: Goodbye Galaxy and its
  239. related files, including this one. The "Trademarks" consists of "Apogee", the
  240. Apogee "comet logo", and "Commander Keen: Goodbye Galaxy".
  241.  
  242. [2] OWNERSHIP: Except to the extent expressly licensed,
  243. Apogee owns and reserves the exclusive right to distribute
  244. the Program, and to use the Trademarks in connection
  245. with it. Its content, layout and format are the property of
  246. Apogee to the extent permitted by law.
  247.  
  248. [3] GRANT AND CONDITIONS: Apogee grants a non-exclusive license
  249. to distribute the Program on IBM compatible media under the
  250. Trademarks subject to the following conditions:
  251.  
  252. [A] CONDITIONS FOR ALL DISTRIBUTION
  253.  
  254. [1] All of the Program's files, including this one, as
  255. released by us must be included without modification.
  256. The following files must always be included to
  257. constitute a legal version for shareware distribution:
  258.  
  259. þ audio ck4 33,325 02-01-92 1:40p
  260. þ egagraph ck4 520,581 02-01-92 1:40p
  261. þ gamemaps ck4 99,040 02-01-92 1:40p
  262. þ keen4e exe 105,108 02-01-92 1:40p
  263.  
  264. [2] No copyright or trademark information may be removed.
  265.  
  266. [3] You must not [a] distribute any version of the Program
  267. with unauthorized changes, such as additional or different
  268. levels, or changed characters or mazes; or
  269. [b] characterize such versions as an "add-on" or
  270. "extension" of any Apogee product; or [c] distribute any
  271. unauthorized third party utility designed to alter any
  272. Apogee game, game level, game episode or saved game.
  273.  
  274. [B] ADDITIONAL CONDITIONS IF YOU CHARGE: If your distribution
  275. involves a disk or other physical medium, you must also:
  276.  
  277. [1] Clearly market the Program as shareware, which requires
  278. (among other things) using "try before you buy" or similar
  279. words on packaging for the Programs.
  280.  
  281. [2] Include "Apogee" and the "comet" logo (we encourage use of
  282. the 4 color version) on the front cover of the package.
  283.  
  284. [3] Include the your name, address and phone number on the
  285. packaging and in any added documentation. This can be
  286. imprinted on the package or may be in the form of a label
  287. affixed to the box, carton or folder.
  288.  
  289. [4] Any description of the Program included in a re-sellers
  290. catalog, sales brochure, on special packaging or handouts,
  291. must include "An Apogee Game", "Released by Apogee" or
  292. "Published by Apogee" if the word count of the description
  293. is more than 14 words in length.
  294.  
  295. [5] Distribute copies only after the programs on newly created
  296. master diskettes have been thoroughly tested. Always use
  297. high quality media and duplication technology.
  298.  
  299. [6] Try to sell only the most current version of the Program.
  300.  
  301. [7] Although Apogee discourages the practice, you may add an
  302. installation routine if it does not interfere with the
  303. proper operation or installation of the Program.
  304.  
  305. [8] Program updates, recommended descriptions and "screen
  306. shots" will be provided upon request, and are available in
  307. the re-seller / dealer conference of Apogee's main BBS.
  308.  
  309. [C] ADDITIONAL CONDITIONS FOR BUNDLES, CD-ROMS, AND RACKS: If
  310. you wish to distribute in a retail location (such as on a rack),
  311. or as part of a hardware or software bundle, or on CD-ROM, you
  312. must get PRIOR signed written permission from Apogee, which is
  313. in Apogee's discretion and may be subject to royalty or other
  314. conditions.
  315.  
  316. [4] TERM: Unless terminated for cause, your grants under this
  317. VENDOR.DOC terminate 30 days after you receive written notice,
  318. or such longer period as the notice may provide. Following such
  319. termination, you may distribute the Program only until the
  320. earlier of 60 days after the termination date in the notice, or
  321. distribution of the copies you have in stock. Sections [2],
  322. [5], and [6] survive termination.
  323.  
  324. [5] LIMITED WARRANTY AND LIMITATION OF REMEDIES: If Apogee
  325. provides a physically defective copy of the Program, Apogee will
  326. replace it upon submission of the defective one. Aside from
  327. this, the Program IS PROVIDED "AS-IS", AND NO WARRANTIES OF ANY
  328. KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
  329. FOR A PARTICULAR PURPOSE), EXPRESS OR IMPLIED, ARE MADE AS TO IT
  330. OR ANY MEDIUM IT MAY BE ON. OUR ENTIRE LIABILITY AND YOUR
  331. EXCLUSIVE REMEDY IS SUCH REPLACEMENT, AND UNDER NO CIRCUMSTANCES
  332. WILL WE PROVIDE ANY OTHER REMEDY FOR DIRECT, INDIRECT, SPECIAL,
  333. CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR OTHER DAMAGES ARISING
  334. FROM IT, INCLUDING SUCH FROM NEGLIGENCE, STRICT LIABILITY, OR
  335. BREACH OF WARRANTY OR CONTRACT, EVEN AFTER NOTICE OF THE
  336. POSSIBILITY OF SUCH DAMAGES.
  337.  
  338. [6] MISCELLANY
  339.  
  340. [A] Since we would be irreparably damaged if Section [3], [4]
  341. or [6][D] were not specifically enforced, we will be entitled
  342. without bond, other security or proof of damages, to appropriate
  343. equitable remedies with respect to breaches of such sections, in
  344. addition to such other remedies as we may have.
  345.  
  346. [B] You will hold us, our partners, contractors, employees and
  347. agents harmless from damage, loss and expense arising directly
  348. or indirectly from your acts and omissions in copying and
  349. distributing the Program, including from any installation
  350. routine that you may add.
  351.  
  352. [C] With respect to every matter arising under this, you
  353. consent to the exclusive jurisdiction and venue of the state and
  354. federal courts sitting in Dallas, Texas, and to service by
  355. certified mail, return receipt requested, or as otherwise
  356. permitted by law.
  357.  
  358. [D] You will not modify, reverse compile, disassemble, or
  359. reverse engineer the Program, or use or disclose any
  360. confidential information that it contains.
  361.  
  362. [V.07.15.94]
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