• Official
• Registered
• Utility

Epic MegaGames(TM)
SOFTWARE LICENSE AGREEMENT


This document, describes the terms and conditions by which
Epic MegaGames, Inc. ("Epic") will license the use and
distribution of this software program which is intended solely
for distribution at no charge (the "Program") by an end-user
("You").  No use, reproduction or distribution of the Program,
or of copies of the Program, is authorized except in
compliance with the terms and conditions set forth below.
By installing the Program You agree to be bound by the terms
of this Agreement.  If You do not agree to these terms, please
remove the Program from Your hard drive and/or any other
storage media You may have stored the Program.

NOTE
You may not distribute this program in any retail distribution
channel without explicit written permission from Epic(TM).  

The Program is protected by copyright in the United States, as
well as in other countries pursuant to international treaties.
The Program is NOT public domain or free software or
"freeware". It is, however, being distributed at no cost to
You.  Any use, copying or distribution of the Program, or of
any copies or elements thereof, that is not in compliance
with the terms and conditions of this Agreement is prohibited.

Limited License:

Epic authorizes the use, distribution and/or copying of the
Program only in accordance with the following terms and
conditions (the "General Terms and Conditions") and with other
terms and conditions set forth below that may be applicable:

1.    Epic hereby grants You a limited right to use the
Program for Your gaming enjoyment.  You acknowledge that the
Program is a valuable asset of Epic and Epic is the owner of
the Program. Enjoy! 

2.  Epic MegaGames, Inc. shall be credited as the owner of
the Program, in any and all packaging, documentation,
catalogs, program descriptions, advertising, promotion and
public relations relating to the distribution of the Program
as well as the actual distribution of the Program (the
"Distribution").

3.  The Program shall be identified by name and shall not
be identified or described as "freeware", "public domain
software", or the like in any Distribution.

4.  You may copy and/or distribute the Program only in
its original, unaltered form, with all files included
unmodified, and without making any additions, modifications or
deletions except as provided in this paragraph.  You may not
modify the Program or any of its files, and the Program must
be distributed as a complete package. You may not change,
delete, merge or rename any files or elements of the Program
in any manner, and You may not add any files or new elements
(except for installation routines which do not interfere with
the proper operation or installation of the Program).

5.  You may not decompile, recompile, disassemble, reverse
engineer, adapt or create derivative works of the Program or
any files or elements thereof .  You may not use the artwork
from the Program without Epic's prior written permission.

6.  You shall not charge any fee or other compensation for
the Program, although You may charge a distribution fee for
costs associated with distributing the Program.  You are
permitted, and encouraged, to make and distribute copies of
the Program to Your friends, family members and co-workers
without charge, for Your and their private noncommercial use,
in compliance with the terms and conditions hereof.

7.  Epic strongly discourages charging users or recipients
more than $9.00 (U.S.) for distribution of the Program (or any
elements thereof).  If You charge more than $9.00 for
distribution of the Program or any elements thereof (inclusive
of all fees, costs, expenses and other charges, including
without limitation charges for copying, shipping, postage and
handling, but not including sales taxes), then You shall pay
Epic a royalty equal to fifty percent (50%) of the excess of
such charges above $9.00 with respect to each individual user
or recipient.  (By way of illustration and not limitation, if
You distribute the Program at a charge of $8.00 for disks and
$4.00 for shipping and handling (for a total of $12.00), You
shall pay Epic a royalty of $1.50 with respect to each user
or recipient.)  In the event that such a royalty is payable to
Epic, You shall provide Epic with quarterly statements of
account setting forth the royalty owed in reasonable detail,
accompanied by payment thereof; and Epic or its designee shall
have the right to inspect and audit Your books and records
from time to time to verify the amounts of the royalties due
Epic hereunder.  You must notify Epic in writing before You
undertake any Distribution of the Program for which You plan
on charging or do charge end users of the Program a fee. 

8.  You may not remove or alter any copyright or
trademark information on the Program, and You must take
reasonable steps to protect the copyrights, trademarks and
other rights of Epic in the Program.

9.  You recognize that Your right to distribute the
Program is nonexclusive and that Epic can terminate the
license granted to You hereunder at any time for any reason
upon written notice. Epic reserves the right to withhold or
withdraw permission to distribute the Program from anyone at
any time for any reason.You acknowledge that You have no
reasonable basis or expectation to make a profit regarding the
Distribution of the Program.  The provisions of paragraphs 4,
7, 13, 16, 17, 20, 21 and 22 hereof shall survive any
expiration or termination of this Agreement.

10. You shall take all necessary steps to ensure that
the Program and any other software, documentation and other
materials distributed with the Program are free from viruses
or other harmful programs or routines.

11. This is the current version of the Program and all
previous versions of this Program have been withdrawn from
distribution.  You shall use reasonable efforts to distribute
only the latest version of the Program.  If You have a
question about this, please contact Epic to confirm what is
the latest version (You can do this through Epic's web site
at www.epicgames.com).

12. Your limited right to distribute under this Agreement
is personal and does not include any right of sublicense.

13. You may not use, copy, modify, distribute or
transfer the Program or any element thereof in whole or in
part, except as expressly provided for herein.

14. You may not "rent" or "lease" the Program to anyone.

15. Any permission, consent or approval of Epic referred
to herein may be granted or withheld in Epic's sole discretion
(and, unless expressly granted in writing, shall be deemed to
be withheld).

16. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.

THIS PROGRAM IS PROVIDED "AS IS".   YOU HEREBY ACKNOWLEDGE
THAT YOU HAVE PAID NO FEE FOR THE PROGRAM.  

EPIC  MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER
EXPRESS OR IMPLIED, WITH RESPECT TO THIS PROGRAM OR ANY FILES,
DOCUMENTATION OR ELEMENTS THEREOF OR RELATING THERETO OR ANY
MEDIUM THE PROGRAM MAY BE ON (INCLUDING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR
PURPOSE, OF QUALITY OR PERFORMANCE OR OF NON-INFRINGEMENT).
EPIC HEREBY DISCLAIMS ANY AND ALL WARRANTIES TO THE MAXIMUM
EXTENT PERMITTED BY LAW.

SUBJECT TO ANY CONTRARY PROVISIONS OF APPLICABLE STATE LAW,
IN NO EVENT WILL EPIC BE LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM
THE USE OF OR INABILITY TO USE THE PROGRAM OR ANY FILES,
DOCUMENTATION OR ELEMENTS THEREOF, INCLUDING FROM NEGLIGENCE,
STRICT LIABILITY, OR BREACH OF WARRANTY OR CONTRACT, EVEN IF
EPIC  IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN
PARTICULAR, EPIC  IS NOT RESPONSIBLE FOR ANY COSTS OR
EXPENSES, INCLUDING BUT NOT LIMITED TO THOSE INCURRED AS A
RESULT OF LOST PROFITS OR REVENUE, LOSS OF USE OF COMPUTER
PROGRAMS, LOSS OF DATA, THE COST OF A SUBSTITUTE PROGRAM, OR
CLAIMS BY THIRD PARTIES.  IN NO EVENT SHALL THE LIABILITY OF
EPIC  FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE
LICENSE TO USE THE PROGRAM, REGARDLESS OF THE FORM OF CLAIM.
THE USER OF THE PROGRAM BEARS ALL RISK AS TO THE QUALITY AND
PERFORMANCE OF THE PROGRAM AND ALL OTHER RISKS RELATING TO
THE USE OF OR INABILITY TO USE THE PROGRAM.  BECAUSE SOFTWARE
IS INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY FREE OF
ERRORS, ALL USERS ARE ADVISED TO VERIFY THEIR WORK AND TO
MAKE BACK-UP COPIES.

THE PROVISIONS OF THIS SECTION ARE AN ESSENTIAL COMPONENT OF
EPIC'S WILLINGNESS TO ENTER INTO THIS AGREEMENT.

17. This Software License Agreement shall be governed by
and construed in accordance with the internal laws of the
State of Maryland applicable to agreements entered into and
wholly to be performed therein, without reference to conflicts
of laws.  It shall inure to the benefit of Epic and its
successors and assigns.  With respect to every matter arising
under this Agreement, You consent to the jurisdiction and
venue of the state and federal courts located in Maryland, and
to service by certified mail, return receipt requested, or as
otherwise permitted by law.

18. Epic reserves the right to update the contents of the
Program and/or its associated files, documentation and/or
other elements, at its discretion from time to time, without
the consent of, or any obligation to, any licensed users or
distributors.

19. All rights not expressly granted herein are reserved
by Epic.

20. In the event of any violation of this Agreement or
failure to comply with any of the terms and conditions set
forth herein, or any other violation or infringement of any
of Epic's rights, Epic shall have available all rights and
remedies at law and in equity.  Without limiting the
foregoing, in the event of any such violation or failure to
comply, then in addition to its other rights and remedies, if
Epic so elects Epic shall have the right to seek damages of
not less than the full registration fee for the registered
version of the software program with the same name as the
Program, with respect to each copy of the Program distributed
or copied and/or each user or recipient to whom the Program
was distributed.  (By way of illustration and not limitation,
if the registration fee for the registered version is $50.00
and distribution to 1,000 persons was made in violation of
this Agreement, then if Epic so elects Epic shall have the
right to seek damages of not less than $50,000 under the
provisions of this paragraph, in addition to its other rights
and remedies at law or in equity.)

21. You will hold Epic, its officers, directors,
employees, contractors, attorneys, and agents, harmless from
and against any and all claims, actions, damages, losses,
liabilities, costs and expenses (including reasonable
attorney's fees) arising directly or indirectly from Your acts
and omissions in copying and distributing the Program
(including without limitation from any installation routine
that You may add).

22. If any provision of this Agreement is held to be void,
invalid or unenforceable, it will not affect the validity of
the balance of this Agreement, which shall remain valid and
enforceable according to its terms and conditions.


In addition to the above General Terms and Conditions, the
following special provisions apply to the types of
distribution set forth below:

Distribution by BBS's and Online Services:

Epic allows bulletin board systems and online services to
distribute the Program by modem as long as You comply with the
General Terms and Conditions set forth above.

Distribution of the Program By Itself on Floppy Disk in non-
retail environment:

You may distribute the Program alone on one or more floppy
disk(s) as long as You comply with the General Terms and
Conditions set forth above, and provided that other than
installation routines which do not interfere with the proper
operation or installation of the Program, no other programs or
files are included on the floppy disk(s) that contain this
Program (i.e., there is no bundling or multi-program disks
or packs).

No Distribution of the Program on CD-ROM's:

You may not distribute this Program on CD-Rom without
obtaining explicit written permission from Epic.

No Distribution in a Retail Environment:

You may not distribute this Program in a retail environment
(in stores or otherwise) without obtaining explicit written
permission from Epic.

No Distribution via Subscriptions, "Disk-of-the-Month,"
Magazine "Cover Disks" and "Cover CDs":

As a general matter You may not distribute this Program as
a "disk-of-the-month," "cover disk" or "cover CD."  Any party
wishing to distribute this Program via subscriptions,
"disk-of-the-month," magazine "cover disks" and/or "cover
CDs" must obtain Epic's written permission, in addition to
complying with the General Terms and Conditions set forth
above and other applicable terms and conditions.  Please
contact Epic and we'll be glad to consider granting permission
to You in appropriate cases.

Bundling with Hardware:

You may bundle this Program with new hardware (computers,
sound cards, etc.) as long as You notify Epic in writing of
Your intent to do so,  comply with the General Terms and
Conditions set forth above, and as long as You provide the
Program free of charge (i.e., at no cost in addition to the
hardware) to the purchaser when the hardware is purchased.

If You would like more information about OEM and hardware
bundling opportunities, please contact Epic! We greatly
appreciate the opportunity to work with hardware manufacturers
and resellers.

Other Distribution Opportunities:

Please contact us if You would like to distribute Epic
products in a new and unique way.  We are open to new
opportunities, and we appreciate new and unique forms of
distribution as a way of reaching new customers.

Epic MegaGames can be contacted at:

    Epic MegaGames, Inc.
    3204 Tower Oaks Blvd., #410
    Rockville, MD 20852
    Tel:  +(301) 983-9771
    Fax:  +(301) 299-3841

In Europe, we can be contacted at:

    Epic MegaGames UK
    39 Norton Road
    Bournemouth
    Dorset BH9 2PY
    United Kingdom
    Tel:  +44 (0) 1202 52 10 11
    Fax:  +44 (0) 1202 522837