Balls of Steel, including all versions, characters, patches and upgrades (the "Game") Copyright (c) 1997 Pinball Wizards, a division of Apogee Software, Ltd., P.O. Box 496489, Garland, TX 75049. All worldwide rights reserved. (Visit us at www.pinballwizards.com.) Commercially licensed to GT Interactive Software for worldwide distribution, commercial publishing, and sublicensed distribution. (www.gtgames.com) BY COPYING OR USING THIS PROGRAM, YOU INDICATE YOUR AGREEMENT TO THE FOLLOWING TERMS, WHICH ARE THE ONLY ONES BY WHICH PINBALL WIZARDS PERMITS COPYING OR USE. THIS PROGRAM IS NOT SHAREWARE. DISTRIBUTING IT WITHOUT PINBALL WIZARD'S 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 "Apogee", the Apogee Comet "logo", "3D Realms", the 3D Realms logo, "Pinball Wizards", the Pinball Wizards logo, "Balls of Steel", "Duke Nukem", and any other characters contained within the Game in connection with it. Except to the extent expressly licensed, Pinball Wizards owns and reserves the exclusive right to distribute the Game, and the right to use the Trademarks in connection with it. Its content, layout and format are the property of Pinball Wizards to the extent permitted by law. [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] 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 Pinball Wizards. 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. [4] 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.10.15.97]
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