
VENDOR.DOC for "Astro3D" 

Copyright 1998 Xtreme Games LLC
P.O. Box 641744
San Jose, CA 95164-1744

Phone:    408.945.9495
E-Mail:   support@xgames3d.com
Web Site: http://www.xgames3d.com

BY COPYING, USING OR DISTRIBUTING THIS SHAREWARE PROGRAM, YOU
INDICATE YOUR AGREEMENT TO THE TERMS OF THIS VENDOR.DOC.

=====================
KEY POINTS
=====================

[*] If you want to distribute it 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
    Xtreme Games LLC. Xtreme Games LLC reserves its right to
    withhold permission.

[*] Everyone can -- and is encouraged! -- to copy, upload and
    generally pass around this Program without charging for it.

[*] If you want to distribute it as provided in this VENDOR.DOC
    by catalog, advertisement, BBS, on-line service, or direct
    mail, no written permission is needed. However, Xtreme Games LLC
    recommends that you contact us at support@xgames3d.com and inquire
    about the latest version.

[*] All advertising of the Program must include "Xtreme Games LLC"
    in the description.

[*] The Program is marked "Shareware" and contains.
    No right is given by this VENDOR.DOC to copy, use or
    distribute any other version, including any version that is
    registered, or not marked shareware.

======================
LICENSE
======================

[1] DEFINITIONS:  "Program" means "ASTRO3D" and its
related files, including this one.  The "Trademarks" consists
of "Xtreme Games LLC", "ASTRO3D".

[2] OWNERSHIP: Except to the extent expressly licensed,
Xtreme Games LLC 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
Xtreme Games LLC to the extent permitted by law.

[3] GRANT AND CONDITIONS:  Xtreme Games LLC 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

  [1] All of the Program's files, including this one, as
      released by us must be included without modification.
      
  [2] No copyright or trademark information may be removed.

  [3] You must not:

      [a] distribute any version of the Program with unauthorized
      changes, such as additional or different levels.

      [b] characterize such versions as an "add-on" or
      "extension" of any Xtreme Games LLC product.

      [c] distribute any unauthorized third party utility designed
      to alter any "ASTRO3D" in any way.

 [B] ADDITIONAL CONDITIONS IF YOU CHARGE:  If your distribution
     involves a disk or other physical medium, you must also:

  [1] Clearly market the Program as shareware, which requires
      (among other things) using "try before you buy" or similar
      words on packaging for the Programs.

  [2] Include "Xtreme Games LLC".

  [3] Include the your name, address and phone number 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.

  [4] Any description of the Program included in a re-sellers
      catalog, sales brochure, on special packaging or handouts,
      must include "A Xtreme Games LLC Game".

  [5] Distribute copies only after the programs on newly created
      master diskettes have been thoroughly tested.

  [6] Try to sell only the most current version of the Program.


 [C] ADDITIONAL CONDITIONS FOR BUNDLES, CD-ROMS, AND RACKS: 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 Xtreme Games LLC,
which is in Xtreme Games LLC's discretion and may be subject to
royalty or other conditions.

[4] TERM:  Unless terminated for cause, your grants under this
VENDOR.DOC terminate 30 days after you receive written notice,
or such longer period as the notice may provide.  Following such
termination, you may distribute the Program only 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:

THIS 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


 [A] You will hold us, 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.

 [B] With respect to every matter arising under this, you
consent to the exclusive jurisdiction and venue of the state and
federal courts sitting in San Jose, California, and to service by
certified mail, return receipt requested, or as otherwise
permitted by law.

 [C] You will not modify, reverse compile, disassemble, or
reverse engineer the Program, or use or disclose any
confidential information that it contains.

