"WarCraft: Orcs & Humans" Copyright 1994, 1995 Blizzard Entertainment Released by: Blizzard Entertainment 3152 Redhill Avenue, Costa Mesa, CA, 92626, TEL: 714-556-5571 ("Blizzard") Shareware version published by: FormGen 7641 East Gray Road, Scottsdale, AZ 85260, TEL: 602-443-4109, FAX: 602-951-6810, ("FormGen") BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU INDICATE YOUR AGREEMENT TO THE TERMS OF THIS vendor.txt. ===================== KEY POINTS ===================== [*] IMPORTANT! FormGen has a worldwide exclusive license to manufacture and market the Retail Shareware version of WarCraft: Orcs & Humans for sale in retail stores, commercial locations and all other physical or electronic channels of distribution, licensing and sale. Anyone who violates this license may be prosecuted by FormGen. [*] If you want to distribute the WarCraft: shareware in a retail location (such as on a rack), or as part of a hardware or software bundle, or on CD-ROM, you must get PRIOR signed written permission from FormGen. FormGen reserves its right to withhold permission. For licensing contact: FormGen Attn: Software Licensing 7641 East Gray Road. Scottsdale, AZ 85260 TEL 602-443-4109 or FAX 602-951-6810 [*] Everyone can -- and is encouraged! -- to copy, upload and generally pass around this Program electronically WITHOUT CHARGING FOR IT. [*] All advertising of the Program must include "FormGen" and "Blizzard Entertainment" in the description. [*] The Program is marked "Shareware" and contains "six playable scenarios". No right is given by this vendor.txt to copy, use or distribute any other version, including any version that is registered, or not marked shareware, or that contains any episodes other than the six original playable scenarios. ====================== LICENSE ====================== [1] DEFINITIONS: "Program" means the shareware version of WarCraft: Orcs & Humans consisting of the files listed below. The "Trademarks" consist of "FormGen", the FormGen logo, Blizzard Entertainment and the Blizzard Entertainment logo. [2] OWNERSHIP: FormGen owns and reserves the exclusive right to distribute the Program, and to use the Trademarks in connection with it. Its content, layout and format are the property of FormGen and Blizzard Entertainment to the extent permitted by law. [3] GRANT AND CONDITIONS: FormGen grants a non-exclusive license to distribute the Program on IBM compatible media under the Trademarks subject to the following conditions: [A] CONDITIONS FOR ALL DISTRIBUTION, BOTH FREE AND FOR A CHARGE: [1] All of the Program's files, including this one, must be included as released by FormGen, without modification. The following files must always be included in a single combined distribution file, containing no additional files not named below, to constitute a legal version for shareware distribution: War.exe setup.exe dos4gw.exe readme.txt install.exe vendor.txt warcraft.ad warcraft.opl sblaster.dig sbpro.dig sb16.dig ultra.dig proaudio.dig jammer.dig rap10.dig adlib.mdi adlibg.mdi mpu401.mdi pas.mdi paspluls.mid sblaster.mdi sbpro1.mdi sbbro2.mdi sbawe32.mdi ultra.mdi data.war hintr01.war hintr02.war title.war ointr01.war ointr02.war ointr03.war cave1.war cave2.war cave3.war (CD-ROM version only): war.doc war.txt [2] No copyright or trademark information contained or displayed in the original files may be removed. [3] You must not [a] distribute any version of the Program with unauthorized changes, such as additional or different levels, or changed characters or scenarios; or [b] characterize such versions as an "add-on" or "extension" of any Blizzard Entertainment product; or [c] distribute any unauthorized third party utility designed to alter any Blizzard Entertainment game, game level, game episode or saved game. [B] ADDITIONAL CONDITIONS IF YOU CHARGE AND IF YOUR DISTRIBUTION INVOLVES A DISK OR OTHER PHYSICAL MEDIUM: [1] Get FormGen's advance written permission. [2] Clearly market the Program as shareware, which requires (among other things) using "try before you buy" or similar words prominently displayed on packaging for the Program. [3] Include "FormGen" and the "Blizzard Entertainment" logo (we encourage use of the 4 color version) prominently displayed on the front cover of the package. [4] Include your name, address and phone number legibly and clearly 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. [5] Include, in any description of the Program, re-seller's catalog, sales brochure, on special packaging or handouts, the legends "A Blizzard Entertainment Game" or "Released by Blizzard Entertainment" and "Published by FormGen" if the word count of the description is more than 14 words in length. [6] Distribute copies only after the programs on newly created master diskettes have been thoroughly tested and certified identical to the originals. Always use high quality media and duplication technology. [7] Use best effort at all times to sell only the most current version of the Program. [8] Although FormGen discourages the practice, you may add an installation routine if it does not interfere with the proper operation or installation of the Program. [9] Program updates, recommended descriptions and "screen shots" will be provided upon request, and are available through FormGen. [C] ADDITIONAL CONDITIONS FOR BUNDLES, CD-ROMS, AND RACKS: In addition to the conditions in [B] above, if you wish to distribute in a retail location (such as on a rack), or as part of a hardware or software bundle, or on CD-ROM, you must get PRIOR signed written permission from FormGen, which is at FormGen's sole discretion and may be subject to royalty or other conditions. [D] If you are involved in electronic or on-line distribution and if you charge for copies of the Program, then you must get prior written permission from FormGen, Which is at FormGen's sole discretion and subject to such conditions as FormGen may require. [4] TERM: Unless terminated for cause, your grants under this VENDOR.TXT terminate 30 days after you receive written notice of termination from FormGen with or without cause, or such longer period as the notice may provide. Following such termination (except for termination for cause), you may distribute the Program 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 FormGen provides a physically defective copy of the Program, on disk or CD, FormGen will replace that copy upon submission of the defective one. Aside from this, the Program 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: For all distribution or other activity regarding the Program for which registration with FormGen or FormGen consent or approval is required, the following provisions shall apply. [A] Since FormGen 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 FormGen and Blizzard Entertainment, our partners, contractors, employees and agents harmless from damage, loss and expense arising directly or indirectly from your acts and omissions in copying and distributing the Program, 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 Scottsdale, Arizona, 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 Program, or use or disclose any confidential information that it contains. [V.04.07.95]